Rental Property Investor · Elkhart, IN · Member since 2017 · 16 posts · 9 votes
Do those of you that have rentals in states where weed is now legal allow your tenants to possess, use or even grow in your properties? Just curious as I am getting ready to invest in a weed friendly state and wanted others input.
No this isn’t about weed being “bad” it’s simply about allowing it in your properties due to the odor. Similar to investors not allowing smoking cigarettes or pets in their properties.
Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
6y
@Kyle Perry, I'm not in one of those states, but I would say:
Use = NO. Just like cigarette smoke.
Possess = Yes, if it's legal under state law, what else are you going to do? Also, how would you ever enforce such a prohibition?
Grow = A bit more difficult...Indoors, no. Lights may cause a fire hazard and the smell could bother other tenants. Outdoors, I'm not sure. If they have use of outside space and you wouldn't prohibit them growing tomatoes, how could you say no?
Whatever the responses are in this thread, I would check with your attorney before making any changes. This is a really grey area that might get you in trouble if you prevent someone who has a medical condition etc.
Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
6y
@Kyle Perry, I'm not in one of those states, but I would say:
Use = NO. Just like cigarette smoke.
Possess = Yes, if it's legal under state law, what else are you going to do? Also, how would you ever enforce such a prohibition?
Grow = A bit more difficult...Indoors, no. Lights may cause a fire hazard and the smell could bother other tenants. Outdoors, I'm not sure. If they have use of outside space and you wouldn't prohibit them growing tomatoes, how could you say no?
Dallas, GA · Member since 2018 · 4 posts · 2 votes
6y
I agree w/ Jaysen. I would prohibit the use of marijuana in the home. the neighbors may not agree, resulting in calls to the police department, sales, etc. Protect yourself and your assets.
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
6y
Jaysen pretty much summed it up.......
Have your lease state "no smoking of ANY substance".......
If its legal in the state to posses, then you cant do anything.
Growing is really a matter of scale..... people have "normal" plants, so you cant really stop them form having a few marijuana plants..... but you can state in your lease that you do not permit growing or heat lamps for "agriculture".......
Again what your are really trying to do it protect your unit form damage....so keep all wording and items within that midframe
Rental Property Investor · San Diego, CA · Member since 2018 · 15 posts · 8 votes
6y
Personally, I live in a state (CA) where marijuana is legal and wouldn't want to set any hard rules that would turn possible renters away. I know that cigarette smoke has been proven to turn walls inside a home or car yellow/brown but a local property manager I know made the comparison of marijuana smoke to a candle, sage or incense. What is the difference between marijuana smoke and a strong scented candle that fills up the whole entire room? Sometimes my wife has 3 or 4 candles on in the house at once. I understand there could be problems with the marijuana smell seeping into the neighbors units but I haven't ever had that issue.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y
I would not allow them to grow it inside or out. You're asking for trouble, not necessarily from police, but from others that may have an interest in stealing your plants.
I do not allow smoking of any kind in my units. I spell it out in the lease that it doesn't matter what type of instrument or consumable you use, it is not allowed if smoke or vapor of any kind emanates from it. If a tenant wants to use other forms of marijuana, I couldn't care less.
I have it in my leases that tenants agree to abide by all local, state, and federal laws. That way if a tenant ever pulls the "I need to smoke it inside the unit for my medical condition" or complains about me not letting them grow it, I can use this clause to try and get them removed.
Investor · Columbus, GA · Member since 2014 · 2k+ posts · 1k+ votes
6y
@Kyle Perry I would use a standard lease form for your state. I would not specify or address weed in any way on the lease. I don't think it will hurt your property. If it's legal, why would you try to infringe on someone's rights? Just because weed is legal doesn't mean your tenants will smoke it or grow it. If they cause damage to your property, regardless of the cause, you have a deposit and you can sue them if the deposit doesn't cover the damage. Landlord doesn't mean dictator over someone's life. 2 cents, keep the change.
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
You can certainly restrict smoking of any substance. Consumption of edibles? Possession? Growing? If those things are legal and they aren't causing damage to your property or a danger to others, then I see no reason to restrict it.
Side note: I think it's a bad vice but it's OK because the more people spend their money on dope, the more likely they are to remain my tenants forever!
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
6y
@Kyle Perry as someone who is just getting ready to invest, you have far greater things to think about than whether to allow weed in your property.
Your job as an investor is to ensure your investment is protected. ANY airborne substance can lead to odor or damage to your property. That includes cigarettes, vaping, candles, incense and even open grease cooking. I prohibit all these things in my lease. Not because of any moral stand, but simply because I have seen them all cause damage.
Rental Property Investor · Elkhart, IN · Member since 2017 · 16 posts · 9 votes
6y
Thank you all for your input. My main concern is strictly the odor. I just wanted others input as to your experience after a tenant that either smoked heavily or had grown marijuana in their property on whether it had negatively effected your properties.
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
6y
I could care less whether my tenants smoke weed or not. But make no mistake, weed is not legal under federal law. Plenty of doofuses here in the capital region still get arrested for it even though under DC and Maryland law its decriminalized. Local law enforcement may not be able to arrest you for it if the state has legalized it, but federal law enforcement still will arrest you for it.
Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
6y
While I wouldn't allow smoking of any kind in the unit.. I personally would be less worried about weed than tobacco, just due to the smaller amount that gets smoked.
It wouldn't really register as a special concern if I were in a state where it was legal.
Investor · Washington, DC · Member since 2017 · 198 posts · 323 votes
6y
I wouldn't allow weed in my rentals if I could stop it. Potheads are very absent minded. I had a pothead tenant once and he would leave the oven on for 3 hours because he got high and forgot about the pizza slice he was warming up in the oven, he would leave the front door wide open and unlocked, etc.
Weed is super powerful these days (this isn't your dad's hippie weed from the 70's) and this scientifically engineered weed is mind altering. I would rather my tenants don't get high and burn the house down because they don't make good decisions while under the influence of mind altering drugs.
Architect · Wenatchee, WA · Member since 2018 · 843 posts · 907 votes
6y
I've banned smoking/vaping of any kind in or outside my rental. That takes care of any odors and regardless of state laws regarding weed I can still control it that way. Even with medical weed. As long as you don't contradict state law by banning something that is legal then you are fine. But since there are plenty of ways to get your medical weed or recreational weed in forms other than smoking you are not contradicting state laws.
Federal law is different on the other hand but they will go after the renter not the owner.
Banning grow lamps is a good one...I don't know if I have that in my contract or not. If I don't I'll be adding it.
I have a tenant who works in the legal weed shop. They were honest about it and said consumption is reqd if you are working there. They signed an addendum that smoking will not occur on property. Anything other restriction is probably illegal.
Chicago, IL · Member since 2018 · 546 posts · 227 votes
6y
Recreation is coming to Illinois in January 2020, and I've seen a lot of people asking this question. Having said that, most landlords are treating it the same as if they have a no smoking policy within their lease -- as long as it doesn't violate state law, you can still set those standards for your rental.
I could care less whether my tenants smoke weed or not. But make no mistake, weed is not legal under federal law. Plenty of doofuses here in the capital region still get arrested for it even though under DC and Maryland law its decriminalized. Local law enforcement may not be able to arrest you for it if the state has legalized it, but federal law enforcement still will arrest you for it.
Do those of you that have rentals in states where weed is now legal allow your tenants to possess, use or even grow in your properties? Just curious as I am getting ready to invest in a weed friendly state and wanted others input.
No this isn’t about weed being “bad” it’s simply about allowing it in your properties due to the odor. Similar to investors not allowing smoking cigarettes or pets in their properties.
LOL.
We just love to regulate others so our lives are as perfect as we see it don't we?
While in the same moment wrap our freedom flags around ourselves - lol - commit murder in the name of freedom even.
And while we can't seem to regulate all behavior in our favor to our liking, that sure doesn't stop us from trying does it?
So, today's issue will be the smells generated by the behaviors of others. Never mind the world has billions of stinky people and our survival and quality of life depends on the fact we live and work together - lol.
I might care about people stanking up the world with the smell of weed when we outlaw the use of perfume and cologne - yuk.
Can I ban the use of cooking grease in my unit? I mean, now that stuff stinks something foul and, it is very difficult to get rid of once it's there. Or does that make me racist because black folk seem to like that stuff a bit more than everyone else??? Crap, am I now racist for even suggesting such a connection??? Or is it racist to label me racist because of course it is silly to think all black people enjoy fried food equally??? LOL
But hey, when it comes to fried food let me tell you what, I do love me a bit of fried fish but I sure do clean it up right quick or it stinks up the whole house - yuk. I suppose anyone watching me gut and clean them could be offended at that sight. Heck, sometimes I offend myself. Made me question eating meat more than once. Am I really that hungry? Goodness. Might I eat a person if it came to it???
...and because on the inside I actually do care about others, even their noses, instead of simply throwing out or burying my fish guts (attracts the coyotes yes, right here in the city), I freeze them until trash day, in a bag and right next to my frozen pizza. If you think weed smells foul, that's only because you've never smelled rotting fish guts and lack perspective. If you ever did smell rotting fish guts, you might beg the doper to cover up the fish stink with weed stink in a heart beat, and probably take a couple tokes yourself for good measure - they say it's good for nausea.
There is one and one reason only I don't allow smoking inside a unit, because it can be a fire hazard when people are careless and, people are often careless.
Same reason I don't allow the use of grills on decks. I wonder if the Vegans will rally to stop the use of grills, because the smell of cooking flesh is offensive to them (you better believe it is). Funny, it smells really good to me - lol. Am I the a-hole for using my grill and liking it, completely ignoring the atrocity of my actions in the eyes of some??? Or is my nose broken? Maybe it needs a tune up?
But seriously and OMG. How about a little dose of get the F over it? That's my prescription to the world.
This is just a ridiculous discussion, and so therefore my post has been equally ridiculous.
Weed is illegal in all 50 states so...for now the discussion is moot. But it's been fun nonetheless.
Property Manager · Baltimore, MD · Member since 2014 · 1k+ posts · 1k+ votes
6y
A lot of folks are commenting along the lines of "if its legal in your state then you have to allow it", which is flat out not true. Those who use, possess, or grow a specific plant are not a protected class (at least not in Maryland), which means you can absolutely choose not to rent to them or prohibit those activities in your lease. It is legal to own a dog, but I still prohibit it in my rentals.
Now that the "can you ban it" question is out the way, the bigger question is "should you". I agree that prohibiting smoking any substance is a reasonable step to protect your property from deterioration. As far as possession and growth goes, I personally wouldn't be concerned with it as long as we're talking about small quantities. If your lease contains a clause that no unlawful activity shall take place at the home then you're probably already covered since the legalization/decriminalization rules in pot friendly states only apply to small quantities anyway - if its a major grow operation or stash house then they are in violation.
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