Since January 1st, 2018 it’s now legal for California residents to buy marijuana but does that mean that you have to allow your tenants to smoke pot in your rental property?
As the largest management company in California, we can tell you that the answer to this question is no, you don’t have to allow your tenants to smoke marijuana in your rental property especially if you follow these tips.
You Can Ban All Smoking Of Any Kind
Do you already ban smoking of any kind in your rental property like cigarettes, pipes and vaping? If so, you can also ban marijuana smoking as well or even it’s overall use on your real estate property. Why? Marijuana is not legal Federally so even though someone might fall back on the excuse that “it’s the law” or allowed, you don’t have to allow it and you can make no marijuana as part of your lease.
If a tenant tells you that they have to smoke marijuana for medical reasons, you should ask them to present you with a letter from their doctor which proves that they need marijuana to reduce the effects of their condition.
Clarify Your Stand On Marijuana In Your Lease
Let’s say that you oppose marijuana use of any kind at your rental property. In this case, you should make sure that your lease clearly states that you absolutely do not allow marijuana at all.
Let’s say that marijuana-related issues arise after your tenants signed their lease and you didn’t have a clause prohibiting it, in this case, you will need to fall back on the anti-drug policy that you included with your lease.
Johana Williams is a Regional Manager at Utopia Management with more than 20 years in property management and operational leadership. She writes about property management, landlord-tenant rules, and the rental market for Utopia Management.
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