Keeping the druggie money
Investor · Becker, MN · Member since 2014 · 144 posts · 82 votes
Hi BP!
My wife and I purchased an 18 unit multifamily in December. The building is full of mostly great people, but there was one fellow that always smelled like pot. We talked to him about it but the odors continued.
He was on a month-to-month lease. We told him we had decided not to renew his lease (because we really don't want druggies living there). He moved out last night. When my wife was inspecting the place she found a small baggie of pot.
The previous owners had everyone sign a "Anti-drug lease addendum". In that document it says that if they are are found with drugs they lose their security deposit.
Does anyone know if this violates any kind of renters rights to take away his security deposit as more of a punitive measure than a recovery of actual loss? He signed the anti-drug document. and I'm happy to keep the money. But I want to make sure I won't violate his rights and/or get in trouble.
If marijuana makes you a "druggie" then our past three presidents and three states in the West have some explaining to do.
Why not base the security deposit on the actual condition of the apartment? If it's otherwise undamaged, why do you care? You wouldn't kick out a tenant who was caught on a DUI, would you?
If marijuana makes you a "druggie" then our past three presidents and three states in the West have some explaining to do.
Why not base the security deposit on the actual condition of the apartment? If it's otherwise undamaged, why do you care? You wouldn't kick out a tenant who was caught on a DUI, would you?
Man when is the war on drugs , going to stop people from being ridiculous...Marijuana is now legal in some form or fashion in 23 states. Proven to be medical helpful. Well on the flip side I am a very active business owner who is 100 % fighting for it. You already kicked the guy out. Really come on folks when is the insanity going to stop. Side note my dad has stage 4 bone cancer I am trying to get him the marijuana oil. I stand 6 ft 250 and It will be a bad day when some one calls my dad a druggie.
Sorry I am usually here to help but this post hit home
Alex
@Alex Franks@David Stone@Matt M. @Matt L. A big part of your argument seems to be "Pot is not that bad".
What if he had signed an Anti-Cat policy? A policy that said, "In this building we allow absolutely no cats. If you are found keeping a cat you will be asked to leave and will lose your damage deposit." And then he gets a cat as a pet...wouldn't I be fully within my rights to fulfill the terms of the contract and keep his deposit?
I think people confused their personal feelings toward marijuana with the issue at hand in this instance.
I guess the people have spoken. I asked for the opinion of the group and I got it. I will be returning the unused portion of his deposit. Thanks everyone for your input and advice.
I don't think its the right or wrong thing I the issue . I guess the label as Druggie sure sparked a few of us. You are 100% correct this is not a forum on Legalization though I wish it could be.
At the same time he is gone and out. I would base my deposit on honest walk through. What do you need to do to get rent ready.
Promise did not mean to be ugly but seeing my dad fade away and hearing the term druggie really hit home.
Alex
Give him his money back unless the place is actually damaged. I really can't believe you'd consider keeping it.
Marijuana is FAR safer than alcohol, etc. But hey, I'm biased as I've seen many people get off opioids and other prescription pills, and turn their lives around. Oh and it brought $1Billion of sales to my State last year.
Brother let me add I as well took in over $135 million dollar in taxes ,over $45 million toward schools. Yet lets look at the real reasons. Alcohol, tobacco , and Drug companies are running scared . 70 years of lies crumbling right before our eyes. So Congrad's Colorado for the start of the common sense approach.
Need less to say I don't hide behind the curtains.I am 150 % in the for the legalization as business owner the minute SC jumps in so do I.
Alex
@Tim JohnsonI agree with you about not renewing the lease. But agree with others, that unless there were damages, I would return the remainder of this deposit.
I have had a unit where the tenant smoked pot inside, and while they lived there, you could always smell it, not always strong, but noticeable. The other tenants can to.
@Alex Franks@David Stone@Matt M. @Matt L. A big part of your argument seems to be "Pot is not that bad".
What if he had signed an Anti-Cat policy? A policy that said, "In this building we allow absolutely no cats. If you are found keeping a cat you will be asked to leave and will lose your damage deposit." And then he gets a cat as a pet...wouldn't I be fully within my rights to fulfill the terms of the contract and keep his deposit?
I think people confused their personal feelings toward marijuana with the issue at hand in this instance.
I guess the people have spoken. I asked for the opinion of the group and I got it. I will be returning the unused portion of his deposit. Thanks everyone for your input and advice.
You made a good call on returning the deposit, but I also think you made a good call asking him to leave. The definition of druggie is someone addicted to illegal drugs. Just like a drunk is someone who is addicted to alcohol. In your state recreational marijuana is illegal and he smoked it often enough to cause complaints from neighboring tenants. That probably meets the definition of druggie, although I am sure that offends recreational or medical users. Just to clarify, someone using marijuana in a state where it is legal or for medical purposes would not meet the definition of being a druggie.
The risk is when you are conducting illegal activity, it invites trouble. In college I knew a guy that sold pot. He was held up at gun point multiple times. One of the best arguments for legalizing pot is that when something is illegal, it invites a dangerous element. The best example is prohibition of alcohol. Look how many people died just buying and selling alcohol. Pot is fairly harmless and arguably less dangerous than alcohol, but by nature of it being illegal in Minnesota, marijuana cannot be allowed in your property. What if the neighbors call the police? What if he has friends that deal and something goes wrong and it gets violent on your property? There is too many what ifs to put yourself at risk.
As far as your question on the cat. The same answer as the marijuana applies. You can only keep the deposit to remedy damage the cat did to the property. I think you need to grasp this concept. You cannot take a security deposit for anything other than remedying damage or satisfying rents owed. Give me 10 other examples and you will get the same answer.
If marijuana makes you a "druggie" then our past three presidents and three states in the West have some explaining to do.
Why not base the security deposit on the actual condition of the apartment? If it's otherwise undamaged, why do you care? You wouldn't kick out a tenant who was caught on a DUI, would you?
Man when is the war on drugs , going to stop people from being ridiculous...Marijuana is now legal in some form or fashion in 23 states. Proven to be medical helpful. Well on the flip side I am a very active business owner who is 100 % fighting for it. You already kicked the guy out. Really come on folks when is the insanity going to stop. Side note my dad has stage 4 bone cancer I am trying to get him the marijuana oil. I stand 6 ft 250 and It will be a bad day when some one calls my dad a druggie.
Sorry I am usually here to help but this post hit home
Alex
Sorry to hear about your father and I hope he can get what he needs to ease his pain and discomfort. There are proven benefits and I think it is insane that we deny people marijuana in a case like this, yet doctors prescribe highly addictive pain killers like they are selling popcorn at a movie theater.
The "aren't we a tolerant bunch" gave me a chuckle.
Honestly... Treat it the same way you would if a tenant was caught smoking cigarettes in a "smoke free" rental. Going above/beyond that is just asking for a discrimination complaint. As others have said you have no proof that it's his. He could easily call a local news station and complain that you kept his security deposit because he is _______ (insert race here). Folks love making landlords the bad guy.
Regardless of your personal morals it is what it is. He was smoking. You "caught" it. End of discussion.
@Elena Jobsonand @Alex Frankssorry if my use of the word druggie was offensive.
As @Joe Splitrockpointed out, the word druggie is defined as "a person who often uses illegal drugs" (at least according to Merriam Webster). In Minnesota, smoking pot is illegal so I used that term. I guess if he moved to your state he would no longer be a druggie?
"Druggie" is probably one of those words that, while technically accurate, is offensive to some so should not be used. My apologies.
Ladies and Gents,
This is exactly what makes this sight so awesome. You are going to get both sides, of an answer to your questions.Yet you can see how passionate, so many of us here are about this business ,and life. With our answers, not saying who is right and who is wrong. So I guess always seeing a positive in a negative. Reguardless we all get it ,marijuana is Illegal in most state well 27 that are two chicken(****) yet.
The real story is did he do any damage, did you have to fix any thing. Once some one is down and out already. Do we have to kick him again.
Alex
@Elena Jobsonand @Alex Frankssorry if my use of the word druggie was offensive.
As @Joe Splitrockpointed out, the word druggie is defined as "a person who often uses illegal drugs" (at least according to Merriam Webster). In Minnesota, smoking pot is illegal so I used that term. I guess if he moved to your state he would no longer be a druggie?
"Druggie" is probably one of those words that, while technically accurate, is offensive to some so should not be used. My apologies.
If you smoke a bunch of pot in Colorado you would be called a "stoner" or "pot head". If you smoke it on the weekends only, you are called a social smoker. If you do it for medical reasons then you are a patient and none of these terms apply.
@Elena Jobsonand @Alex Frankssorry if my use of the word druggie was offensive.
As @Joe Splitrockpointed out, the word druggie is defined as "a person who often uses illegal drugs" (at least according to Merriam Webster). In Minnesota, smoking pot is illegal so I used that term. I guess if he moved to your state he would no longer be a druggie?
"Druggie" is probably one of those words that, while technically accurate, is offensive to some so should not be used. My apologies.
If you smoke a bunch of pot in Colorado you would be called a "stoner" or "pot head". If you smoke it on the weekends only, you are called a social smoker. If you do it for medical reasons then you are a patient and none of these terms apply.
Love ....it
Give him back his deposit.
If he takes you to court, the burden of proof will be on you!
1. Can you prove the pot was his?
2. Are the damages legitimate? You will need to provide receipts in the time frame required in your jurisdiction.
3. If there are no damages, but you are keeping his security deposit on the basis that he is in violation of the lease, then keep in mind this will be a judgement call on the Judge. He/she may find that you are liable to pay the TENANT damages. In my state it is 3x the amount of the security deposit. Better check what is your local ordinance before you play this game.
The reason this should not be equated with cats is because of this:
Why are cats banned in places? Their urine can DESTROY a home. If you have ever been in a cat house, you know what I'm talking about. Floor=destroyed, subfloor=destroyed, walls=why do they have to pee on the walls???=destroyed. Concrete = hard to clean. They can cause actual damage.
Cannabis smoke is not like cigarette smoke. It doesn't linger nearly as much. If they were growing, that is one thing, but smoking only annoys the neighbors.
What we all really want to know now is what happened to the "baggie" that was found??? ;) Cue Bob Marley music playing in the Johnson household.
@Joe Splitrock@Alex Franksif you use vicodin for pain but you inadvertently get addicted to it are you a "druggie" or a "patient?"
@Joe Splitrock@Alex Franksif you use vicodin for pain but you inadvertently get addicted to it are you a "druggie" or a "patient?"
This happens all the time and unfortunately patients can turn into drug addicts. Sometimes even after the prescription runs out, they will turn to buying illegal substitutes. Good question!
@Joe Splitrock@Alex Franksif you use vicodin for pain but you inadvertently get addicted to it are you a "druggie" or a "patient?"
I'm afraid to answer lol this thread won't stop