Tenant complains of marijuana odor

[Gene Baldwin]

We are having an issue with a tenant in one of our properties. It is 6 unit, zoned multi use. There are 4 units residential upstairs, and 2 commercial downstairs. One of the businesses downstairs has complained of Marijuana smell in their space. Our property managers have been there multiple times, and can only smell the faintest odor of it, and can’t find the source. We told them if it continues, that we don’t feel like there is much more we can do. We told them the next step would be to call the police. They did call the police, and the property managers were there as well. They could smell a faint amount, but couldn’t find the source. The complaining tenant wants to buy an air purifier that is supposed to take care of the smell and wants us to pay for half of it. Would paying 1/2 of the purifier put any liability on us, or cause future issues? Is paying 1/2 admitting we know there is a problem, and making us liable for other possible/potential issues going forward? We want to help the tenant, as he’s a good tenant, keeps it clean, and wants to be there. One thought we had would be having him buy the purifier,(which is about $600) then when he eventually moves on, we would buy it from him for $300, as long as it works, and is in good shape. Any other thoughts on this? Thank you!!

[Bruce Woodruff]

Is smoking weed legal in your state? That would make some difference in getting the police further involved.....

[Gene Baldwin]

Weed is not legal here.

[Bruce Woodruff]

Originally posted by @Gene Baldwin:

Weed is not legal here.

Good. That helps you out. Call the police again and  exaggerate (slightly) the problem. You suspect meth.....you thought you saw a gun, etc...

Make this their problem.....

[Colleen F.]

@Gene Baldwin have you noticed the upstairs tenants that there has been a complaint of the smell of weed and that their lease prohibits illegal activity. You don't have to violate anyone in particular now if you don't know, but give a notice to all.   As for the purifier since he is a commercial tenant I think you would want to find a way to make it work but its hard to know whether the amount is reasonable or if the solution will work.  Is there a possibility to rent an air purifying unit to see if it works?  

[Gene Baldwin]

@Colleen F. the property managers have made them aware of the issue, and reminded them that the lease specifically prohibits all smoking.We we’re thinking about having the tenant buy it, then if it works, reimburse him for half if it does. Thanks!

[Mary M.]

Do you allow smoking in your building? If you have a no smoking policy send out  reminder to all tenants that smoking is not allowed - this includes pot. Usually this is enough to get it to stop. If this does not work then you need to put your detective cap on and figure out who is doing it and talk to them directly. 

If you dont have a no smoking policy, now is a great time to make one and send everyone an addendum and have them sign. 

And yes, pay for the air purifier for your commercial tenant. 

[Mary M.]

Originally posted by @Bruce Woodruff:

Originally posted by @Gene Baldwin:

Weed is not legal here.

Good. That helps you out. Call the police again and  exaggerate (slightly) the problem. You suspect meth.....you thought you saw a gun, etc...

Make this their problem.....

this is a really good way to get someone killed ....  please do NOT do this!   Pot is no big deal and cops are NOT going to waste their time and exaggerating about it is illegal! 

[Michael Noto]

Let your PM handle it, this is what you hired them for. Any PM has been through this situation multiple times, ask them how they've handled it in the past.

[Nathan Gesner]

Weed is illegal and you don't permit smoking inside. So they only remedy is to catch the responsible party and get rid of them. If the odor is faint, that means there's been too much time between the smoking and the inspection. You need the neighbor to contact you immediately and then you need to inspect immediately. 

[Account Closed]

Had a similar thing happen to me. The commercial tenant was a bank so it was a really big deal. We were able to identify the source. Smoking weed is illegal, but there isn't really anything to do about it. Rather than calling the police, we had an honest conversation with the tenant. As it turned out, their teenage son was smoking weed in the stairwell. We asked them to stop smoking in the stairwell and the problem was solved. We didn't renew their lease.

My suggestion is to identify the source, figure out which room in their unit is leaking smoke into the commercial space and ask them to quit smoking in that room. They'll probably comply.

[Daniel Sosa]

@Bruce Woodruff

This is a HORRIBLE idea

[Karl B.]

Install a FreshAir sensor (or some comparable brand) in each unit. It's basically a marijuana smoke alarm. 

[Jonathan R McLaughlin]

@Gene Baldwin “hey guys people say they can smell weed. Knock it off please before it becomes a problem”

Then post the general no smoking policy in the common hallway with a note saying violations are grounds for lease termination.

Then see if u still have a problem.

[Gene Baldwin]

Thank y’all for your replies!! Very helpful. We are taking them all into consideration to make our decision.