Lease Violations Reported By Neighbor

[Karen Johnson]

Hello!

I have an upstairs/downstairs duplex. Downstairs neighbor reports that the couple upstairs is arguing loudly at all hours, and also smoking marijuana in their unit (smell travels). The noise complaint is pretty clear cut. Regarding marijuana usage - can I issue a notice of lease violation if I haven’t actually observed this myself? Perhaps a silly question but I haven’t encountered this issue before. Tenant moved in in November and I have not yet done an inspection this year. Do I need to inspect in order to verify before issuing a violation notice/warning for the marijuana usage? To be clear - it’s a non-smoking property and that is clearly stated in the lease. Tenants both said they are non-smokers. I guess they didn’t think that included marijuana. Lease clearly states they are responsible if their guests smoke on the premises as well. Any input is welcome.

Thanks.
 

[Nathan Gesner]

Quote from @Karen Johnson:

I'm different than Ray. I would contact the Tenant and issue them a verbal warning, followed by a written copy and an inspection to see what you find. My written warning would state that this is the only warning they will receive. Another complaint of smoking any substance inside the structure is grounds for termination. Then I would follow through if it happens again.

If the neighbor smells it, that's all the evidence I need. It interferes with their right to quiet enjoyment, and I don't allow that.