Do You Require HEPA Air Filters for Tenants Using Medical Marijuana?

Question

Is there anyone here who mandates HEPA air filters for tenants using medical marijuana in states where it's legal? If you do, could you share how you incorporate this clause into your lease agreement?

Russell Brazil · Answer

I just ask that they smoke outside. All my tenants have been ok with that.

Nathan Miller · Answer

I'd recommend making the property a no smoking property which includes vaping and marijuana.  I'm not aware of any states that dictate that you have to allow your tenants to smoke indoors (but dbl check with your state).  Marijuana causes just as much damage as cigarettes and vaping has chemicals that stick around too.  They can go outside if they want to smoke.

I would also recommend a hefty cleaning fee if smoking takes place inside.  When they vacate you'll need to wash all the walls and ceilings, possibly re-paint, and clean all the ductwork because of their habit.  A lot of PMs charge $250 or $500 for this, but even those values are insufficient for the actual costs involved in cleaning up smoke damages.

Alecia Loveless · Answer

@Jinky Penor I have a zero tolerance no smoking policy even for those with Medical marijuana cards which are required in my state. They may go outside to smoke it.

If they want to eat it, drink it or whatever else you can do with it that’s not smoking or vaping that’s fine. I’m not going to judge marijuana use.

I also have a strict no drug policy so if we catch someone doing anything else the eviction process begins.

Greg M. · Answer

By requiring this only to those who use "medical marijuana" you are going to be in violation of the law. It's discriminating against a person based on a medical condition.

If you want to require it, require it to all smokers regardless of the substance.

Try something like: If smoking of any kind takes place inside the unit, tenant must install HEPA filters. Smoking is considered cigarettes, cigars, pipes, hookahs, water pipes, vapes, e-cigarettes, and any other like kind instrument that produces smoke or vapor, regardless of whether tobacco or other consumables are used.

Do You Require HEPA Air Filters for Tenants Using Medical Marijuana?

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