First-Time Landlord Dealing with Tenant Smoking Weed – Need Advice (MA, Section 8 Ten

Boston, Massachusetts
General Landlording & Rental Properties
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First-Time Landlord Dealing with Tenant Smoking Weed – Need Advice (MA, Section 8 Ten

Bala Nagarajan
Member since 2023 · 11 posts · 0 votes

Hi everyone,

I’m a first-time landlord in Massachusetts, living on the second floor of my two-family home while renting out the first-floor unit to a Section 8 tenant. I’m facing a really frustrating and stressful situation with my tenant smoking weed inside their unit.

Despite multiple warnings—including phone calls and an official email on lease violation—the tenant continues to deny smoking and claims I am harassing them. They argue that they also have kids (including a 1-year-old) and that their son has asthma, so they "wouldn’t be smoking." However, the smell of marijuana is strong and consistently seeps into my unit, making it difficult for my family to use our living space. The biggest issue is that my two young children are being woken up at night due to the odor, affecting their sleep and overall well-being.

Since verbal and written warnings haven’t worked, I’m considering hiring an air quality inspection to provide documented proof that they are smoking cannabis or any kind. Would this be helpful in either:

  1. Getting them to stop smoking? 
  2. Using it as grounds for an early lease termination?

Given that this tenant is on Section 8, I want to ensure I follow the right steps without violating any laws. Their lease ends in June, but I don’t want to wait that long if this continues to impact my family’s health. Has anyone dealt with a similar situation, and if so, what worked for you? Any legal insights or practical solutions would be greatly appreciated.

Thanks in advance for your help!

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Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
1y

You're the owner and it's your rule.  They can gaslight you, but that is just a distraction.

They actually sell wipes to detect pot residue on walls, but I am not sure if they work and I would not spend the time or energy in engaging in establishing "proof" - you'll put up walls and they'll just dig more tunnels.

Instead, I would:

Contact their case worker ASAP, cite the behavior as a lease violation with her, and state that in addition to it being a breach of lease, it is creating health concerns for your family.  If your inital contact with the HA is on the phone, I would follow up with an email or letter, memorializing the conversation in writing.

Next, the very next time it occurs, formally issue the tenant a lease violation (i.e. notice to cure) as per your local/state statute and CC the case worker.  Make sure you serve the notice properly.  Consult an attorney if necessary.

After the initial notice, EACH time there is an additional incident of smoking, send another violation.  Build a case to file for eviction for lease violations.  It is often difficult to evict for lease violations in places like MA.  Consult your attorney.

Minimally, you should not renew this person's lease.  I don't care of they stop this tomorrow.  They've already shown you who they are.  Listen to them.

Meantime, tighten up your lease so it's very clear they cannot smoke anywhere on the premises (inside or out), and I STRONGLY consider only offering MTM leases in left-leaning jurisdictions, as a term lease only emboldens a bad tenant and obligates you.  I've written extensively about this topic here on BP.

Good luck!

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  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    1y

    You're the owner and it's your rule.  They can gaslight you, but that is just a distraction.

    They actually sell wipes to detect pot residue on walls, but I am not sure if they work and I would not spend the time or energy in engaging in establishing "proof" - you'll put up walls and they'll just dig more tunnels.

    Instead, I would:

    Contact their case worker ASAP, cite the behavior as a lease violation with her, and state that in addition to it being a breach of lease, it is creating health concerns for your family.  If your inital contact with the HA is on the phone, I would follow up with an email or letter, memorializing the conversation in writing.

    Next, the very next time it occurs, formally issue the tenant a lease violation (i.e. notice to cure) as per your local/state statute and CC the case worker.  Make sure you serve the notice properly.  Consult an attorney if necessary.

    After the initial notice, EACH time there is an additional incident of smoking, send another violation.  Build a case to file for eviction for lease violations.  It is often difficult to evict for lease violations in places like MA.  Consult your attorney.

    Minimally, you should not renew this person's lease.  I don't care of they stop this tomorrow.  They've already shown you who they are.  Listen to them.

    Meantime, tighten up your lease so it's very clear they cannot smoke anywhere on the premises (inside or out), and I STRONGLY consider only offering MTM leases in left-leaning jurisdictions, as a term lease only emboldens a bad tenant and obligates you.  I've written extensively about this topic here on BP.

    Good luck!

    3Reply
  • Jordan Deaver
    Member since 2022 · 11 posts · 3 votes
    1y

    Do they pay rent? If they do then take their deposit to scrub the walls, if you even need to because it's not nearly as bad as cigarettes. Weed smoke doesn't seem to stick like cigarettes. Take their deposit.and collect on time. End of stress.

    0Reply
  • Jordan Deaver
    Member since 2022 · 11 posts · 3 votes
    1y
    Quote from @Bala Nagarajan:

    Hi everyone,

    I’m a first-time landlord in Massachusetts, living on the second floor of my two-family home while renting out the first-floor unit to a Section 8 tenant. I’m facing a really frustrating and stressful situation with my tenant smoking weed inside their unit.

    Despite multiple warnings—including phone calls and an official email on lease violation—the tenant continues to deny smoking and claims I am harassing them. They argue that they also have kids (including a 1-year-old) and that their son has asthma, so they "wouldn’t be smoking." However, the smell of marijuana is strong and consistently seeps into my unit, making it difficult for my family to use our living space. The biggest issue is that my two young children are being woken up at night due to the odor, affecting their sleep and overall well-being.

    Since verbal and written warnings haven’t worked, I’m considering hiring an air quality inspection to provide documented proof that they are smoking cannabis or any kind. Would this be helpful in either:

    1. Getting them to stop smoking? 
    2. Using it as grounds for an early lease termination?

    Given that this tenant is on Section 8, I want to ensure I follow the right steps without violating any laws. Their lease ends in June, but I don’t want to wait that long if this continues to impact my family’s health. Has anyone dealt with a similar situation, and if so, what worked for you? Any legal insights or practical solutions would be greatly appreciated.

    Thanks in advance for your help!


     To be honest this seems like a I'm the boss control arguement rather then property damage. Hiring an air quality inspectir??????  I'm not sure they can detect weed like that. And, I don't think cannabis causes cancer, especially in second hand amounts. 

    I jave personally scrubbed the walls and ceilings in rentals a few times, from cigarettes. I really don't think weed, only weed, would cause that or very little.

    I would tell them no cigarettes and you are just unhappy with weed, collect rent. And move on. If they cause a problem they get the easy boot. 

    air quality inspector? Inquisition? Iran? Witch hunt? At least they are just weed addicts and not alcoholics or worse 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y

    Wesley gives the correct answer. Work with case worker to terminate their lease and move on. You don't need more evidence.

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    3Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    1y

    @Bala Nagarajan  The marijuana smell just sticks to them even when they are just around it. And people don't tell the truth on this topic, even if they store weed in the unit you are going to smell it.   Do what Wesley advised and work with the caseworker on a non-renew. I don't think section 8 will do Month to Month leases either. 

    1Reply
  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    1y

    Yes it is absolutely breaking the rules and given the fact that it is diminishing the unit condition and your quality of life I would consider retaining counsel to figure out to terminate the lease early. I dont think you have to be hard on yourself on not having done enough homework to have prescreened this person, people are good at masking this stuff. 

    This is all part of the landlord experience!

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    0Reply
  • Casey HoweBusiness Member
    Property Manager · South Shore South Coast Cape Cod, Metro South · Member since 2019 · 31 posts · 16 votes
    1y

    In my experience, having a "disinterested party" validate the smoking is incredibly helpful.  Certainly consult with an attorney, but if, for example, you had a contractor doing some work that indicated in writing there was a strong smell of smoke, this could be used in court during a for cause eviction.  Its stronger than he said / she said.

    Another option is to potentially have a constable serve notice of lease violation to the resident.  If there are certain times of day that you notice the smoke, you can work with the constable/attorney to serve notice at that time and note the smell as well.

    I would def get something in writing served, preferably by a disinterested party.

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  • Linda S.
    Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    1y

    @Bala Nagarajan,

    Get their case manager involved, and CC them on all your correspondence, they probably hate this-- but it's essentially like a built-in-babysitter.   The S8 tenant does NOT want to lose their voucher, or ever look bad-- so they will be much more likely to comply if they are involved vs. only  you as a landlord.    

    I have had s8 tenants yell at me, slam the door in my face, but when that case worker gets involved, a magical halo comes out and they become the nicest people and are quick to fix problems.  I had S8 a tenant leave couches/tables, trash, pots/pans and a ton of trash behind, but once I sent that email with the case manager, it got removed that day, no problems.  

    That's your only power card is involving the case manager.

    1Reply
  • July Antos
    Member since 2025 · 3 posts · 1 vote
    11mo

    I added a no-smoking clause in my lease and made sure to speak with the Section 8 rep directly so there's documentation. Take photos if there's damage from smoke.

    1Reply
  • John Annunziata
    Property Manager · Cape Coral, FL · Member since 2025 · 37 posts · 23 votes
    11mo

    @Bala Nagarajan

    This subject is actually covered in the book 'Managing Rental Properties" by Brandon Turner. 

    Brandon Turner covers this kind of issue really well in Managing Rental Properties. His big three principles apply perfectly here: document everything, stay consistent, and never get emotional.

    Confirm the Type of Marijuana Use

    Before anything else, find out whether it’s medical or recreational use.

    If the tenant has a valid medical marijuana card, they’re protected under state law—but you still have every right to enforce your no-smoking clause, especially when smoke is affecting another resident (you and your family).

    If it’s recreational, it’s a straight lease violation.
    Either way, focus on the behavior (smoking indoors), not the substance. Turner would say this keeps your actions fair and defensible.

    Keep a Bulletproof Paper Trail

    Keep doing what you’re doing: written warnings, emails, dates, and times logged. Brandon calls this the “paper trail principle.” If you go to eviction court, judges care less about your frustration and more about your documentation.

    Notify the Housing Authority

    Because this is a Section 8 tenant, loop in their caseworker right away. They’ll confirm whether marijuana use (medical or otherwise) violates the Housing Assistance Payment (HAP) contract. Most PHAs still treat marijuana as a federal controlled substance, so they can support lease enforcement actions if it violates the program’s federal requirements. These people do not want to lose their voucher.

    Use the Correct Legal Process for Eviction

    Turner’s rule: “Never threaten eviction — just follow the process.”
    Here’s how it generally works:

    Serve a formal notice to cure or quit (check Massachusetts law — typically a 7–14 day notice for lease violations).

    Clearly state the violation (“Smoking inside the unit in violation of lease section X”) and give a deadline to correct it.

    If the issue continues, file for eviction in Housing Court for repeated lease violations or nuisance behavior.

    Provide all documentation — warnings, air-quality report, photos, and any written responses.

    Section 8 will often back you up if they see that the tenant’s actions are impacting habitability for others in the property. You just have to demonstrate that you’ve handled it by the book.

    Consider the Air-Quality Report

    It won’t fix the problem overnight, but it’s excellent supporting evidence. A third-party report shows you’re not reacting emotionally — you’re taking professional, fact-based steps.

    Update Your Lease for the Future

    Brandon emphasizes prevention: next time, make sure your lease clearly states:

    “No smoking of any substance inside or near the property.”

    “Violation may result in termination of tenancy.”
    That language removes all gray area.

    1Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    11mo
    Quote from @Bala Nagarajan:

    Hi everyone,

    I’m a first-time landlord in Massachusetts, living on the second floor of my two-family home while renting out the first-floor unit to a Section 8 tenant. I’m facing a really frustrating and stressful situation with my tenant smoking weed inside their unit.

    Despite multiple warnings—including phone calls and an official email on lease violation—the tenant continues to deny smoking and claims I am harassing them. They argue that they also have kids (including a 1-year-old) and that their son has asthma, so they "wouldn’t be smoking." However, the smell of marijuana is strong and consistently seeps into my unit, making it difficult for my family to use our living space. The biggest issue is that my two young children are being woken up at night due to the odor, affecting their sleep and overall well-being.

    Since verbal and written warnings haven’t worked, I’m considering hiring an air quality inspection to provide documented proof that they are smoking cannabis or any kind. Would this be helpful in either:

    1. Getting them to stop smoking? 
    2. Using it as grounds for an early lease termination?

    Given that this tenant is on Section 8, I want to ensure I follow the right steps without violating any laws. Their lease ends in June, but I don’t want to wait that long if this continues to impact my family’s health. Has anyone dealt with a similar situation, and if so, what worked for you? Any legal insights or practical solutions would be greatly appreciated.

    Thanks in advance for your help!


     You're renting out a Section 8 apartment and don't want to deal with a tenant who smokes weed? Brother you need to find a new line of work. This ain't for you.

    1Reply
  • Jim McWethy
    Investor · Medford · Member since 2019 · 12 posts · 7 votes
    10mo

    Mass has some laws about medical use of marijuana being permitted if smoking happens outside.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9mo

    @Jim McWethy  I don't see anything about that here. Can you find it?    Is that a something recently added?

    Massachusetts law about medical marijuana | Mass.gov

    0Reply
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