Notice to Quit based on the Smell of Smoking?

Question

Hello BP,

I have a tenant that swears she’s not smoking Pot in her unit.  But, the last two times I’ve been in she’s said it’s a bag of marijuana I smell coupled with a few other marijuana non-smoking products.  Maine is a marijuana-friendly State.  Besides, she says she has a medical card for it.

My worry isn’t that she uses it.  Just that she uses it inside.  The Lease specifically says no smoking inside the premise.  Can I give her a 7 Day Notice to Quit simply because I feel she’s violating the indoor smoking policy based on smell alone?  It’s strong and obvious.

Also, anyone experienced in laws around marijuana in marijuana-friendly states, I have a question.  Future leases of mine will likely have a “no smoking on premise”  Policy.  So, no smoking indoors, or out.  You can do this in Maine, I am not sure if other States.  For those who have a medical marijuana card (easy to get, I’ve heard) do they have protection, would the law exempt them from a landlords no smoking rule?  Anywhere on premise... indoors, or out.

Thanks!

Michael Noto · Answer

@Brian Mitchell I would not serve her with a notice to quit unless you are willing to follow through with an eviction if she doesn’t stop the smoking. Keep in mind, it is very time consuming and difficult to evict someone for something other than non payment of rent.

I know it is frustrating and I have dealt with this same issue before, but the road to evict someone on this basis is a tough one.

Kyle Godbout · Answer

@Brian Mitchell

Honestly, unless it’s a multi family and others are comparing, or they don’t pay rent, I wouldn’t care. It’s legal, and doesn’t leave residue or smell like cigarettes. Now if it was cigarettes, I would do all I can do to get that to stop.

David Marshall · Answer

Hi Brian,

Before you give a notice, you should consult an attorney to see what your odds of success are with an eviction. While I am not an attorney providing advice, it is my understanding from other landlords that eviction is challenging in Maine. The reasons that landlords in Maine have often achieved successful evictions include: non-payment of rent, substantial damage to the property, and changing the locks on the doors. I wish you well with your current issue.

Nathan Gesner · Answer

I would let it slide. Continue to inspect and keep the pressure on her but don't evict. I also would not renew her. When the lease is up, clean with her deposit money and move on.

Greg M. · Answer

I've read CA government tenant guidelines stating that tenants can be evicted for breaking the non-smoking clause of a lease when smoking marijuana and a medical card do not trump the lease.

You should consider putting a clause in the lease that states tenant must comply with all Federal, State, and Local laws. That way they are breaking two lease clauses.

You can also include a list of fines in the lease. Any time they are caught smoking in the unit, hit them with a fine.

Jim Froehlich · Answer

@Michael Noto, this is discouraging! @Brian Mitchell, we have a similar issue with a rental here in New Hampshire.  Is this what it's come down to? Our only hope may be to target the right audience (for long and short term rentals), "Pot Smokers Welcome Here"!!  Especially here in New England, nobody wants to go out in the snow to get high.  I looked up potential solutions - cheaper than eviction, maybe provide your tenant with some of these "sploofs":

"To mask the smell, many people construct what is known as a 'sploof' – a simple device through which the smoke is blown in an effort to mask its smell with other smells. Typically, this is done by taking the cardboard tube from a roll of toilet paper or paper towels (or an empty water bottle with the bottom cut out) and shoving a bunch of crumpled dryer sheets inside. The dryer sheets act as filters for the smoke, resulting in a less potent scent.  If you go this route, use scented dryer sheets -- the unscented variety aren't as effective at masking the smell. A common question we hear is "do I need to purchase a professional sploof to get the best results" and the answer is: No! making your own homemade sploof is a tried and true method that college kids, teenagers, and worried parents have used for years."

...now your tenants will always smell like fresh laundry! (despite Property Manager's perpetual contact high...)

Marc Winter · Answer

I'd have a sign professionally made stating "No Smoking Anything Inside or Outside These Premises"

Further, in smaller print, quote from ME smoking regs:  "A violation of the smoking rules constitutes a civil violation for which a fine of $ 100 may be imposed.  A fine of up to $ 1,500 may be adjudged for each violation in cases when a person engages in conduct that shows lack of good faith in complying with the rules relating to smoking.  A person found smoking in a public place, or the owner who fails to post or supervise the implementation of a smoke-free public place, shall all constitute a separate offense and enforcement actions for violations may be brought against any person smoking in a public place, the owner of a public place, or both.[viii]"

Put it in your leases and post the notices inside common areas and outside the building--make sure the exterior signs are illuminated.  Next, install hyper sensitive smoke detectors, wi-fi video of common areas, and hire moolighting police drug-sniffing dogs, preferably German Shepherds.

On a more serious note, you cannot keep someone from breaking the rules--you can only react/respond to the unauthorized behavior.  I'd just communicate with them and let them know it is against house rules.  If they won't comply, do not renew, or give them proper notice to terminate if it is affecting the health/welfare of other residents in the same building.

Matt P. · Answer

@Brian Mitchell IDK man, pot is pretty strong these days and the plant can have a pungent smell. Unless I opened the door and a cloud of smoke came flowing out of it I would be inclined to believe her.

Jeremy A. · Answer

I have same issue so i have restricted it in all leases

I suggest put in lease they can use other forms of weed ie food, lotion, pills, etc but not ignition nor anything that creates spark or ignites like cigarettes etc.

Also i tell all my tenants that my banker (and my insurance company) says my loan is fdic insured and thus is using federal law which requires me via my loan and bank not to allow any weed or federally illegal substances on property.

Also posted signs at all entrances.

I also use active whole structure high tech activtek air scrubber that kills all odors, particulate etc This unit can be installed in plenum and or each unit. If want protect your building and walls. I sell these alot to smokers who live with non smokers like their parents.

Brian Mitchell · Answer

Thank you all.  She’s a Tenant at Will now and I’ve served her a notice to Quit for non pay.  She has until Friday or she’s out.  She does plan to pay before then, though.

As you can see... more than one headache with this one.

Notice to Quit based on the Smell of Smoking?

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