Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
Well guys..what can I say. The fun never ends. Day one with a new tenant in my duplex, and the tenant next door text me that her unit smells like weed. I lived next door to my tenant for over a year and she doesn’t smoke week. The new tenant signed a non-smoking agreement. So how do I tell her to not smoke weed again in my unit without accusing her of smoking weed? But really, I obviously don’t know for sure but this isn’t a coincidence. Help please!
Hepa does zero in my experience. Good point about serving all tenants. Pasted below is a fairly standard letter that goes out a few weeks after a new tenant moves in to one of my suited houses. Again, 5 minutes to edit based off some minor details like season and so forth. Edit/ use as you see fit.
Howdy all, (this is a group email I just split up the 2 groups)
Figured since everyone has been there for at least a couple months now it would be a good time to remind you about a few things.
Snow will be upon us soon, and the sidewalk is tenant responsibility to clear. It's allows 48hrs to do so. There's salt there still (if it gets low let me know)and if that shovel breaks or sucks let me know!
Tenant insurance is very important. If you haven't already got it, get it. It's dirt cheap and worth it. (Also required in your lease)
Smoke alarms will get poked (& documented) very soon. I'll keep you informed on that timeline.
Fire extinguishers are provided in case of a smaller mishap like a cooking fire or similar. There's also one in laundry room (on shelf) that I may permanently mount near the door. I'll investigate that next week when I'm by there. Regardless of extinguishers, very important to be as safe as possible as if something were to happen to any of you I'd be devastated! Keep in mind also that you've each got an animal and wouldn't want someone else's momentary carelessness to result in anything happening to them either!
Batteries in the deadbolt should both be plenty strong for the winter but if you notice red blinks when you're unlocking them let me know ASAP!
Please be respectful of your neighbours and communicate with them if you've got concerns. You're all very reasonable adults (i totally called references to confirm that) so I'm sure it's going smoothly so far :)
Other than that, if you need me I'm only an email away. Have a great weekend!
Rental Property Investor · Brighton, CO · Member since 2015 · 37 posts · 36 votes
6y
@Maya Torres something else to think about. This time of year it would be more difficult to get a new tenant. Also, is medical marijuana legal in your state? If she has a prescription, then it could be a violation to evict her for it.
My two cents - talk to the tenant you think is smoking weed. First, if it’s that bad, you should smell it when you go over to talk to her. If you smell it, mention to her you can smell the marijuana and the tenant on the other side is bothered by the smell. Ask her to buy some Ozium and spray it when she’s smoking. There are also edibles, elixirs and tinctures, which would allow her to have marijuana in a smell free option.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
6y
@Maya Torres I sympathize with your snitching tenant because nobody should have to smell nasty smelling weed coming from their neighbor’s unit. I feel very strongly that in this day and age, NOBODY should be smoking stinky dirty swag. I would recommend bringing the new tenant over some fresh Super Lemon Haze immediately. The captivating citrusy-pine aroma of this high quality strain is certain to dissipate any tension within your duplex and replace the festering animosity with relaxation, uncontrollable laughter and a greater sense of community. Seriously though this is not an issue I would get involved with as a landlord. Sure if you only have two tenants and all the time in the world, then get involved if you want to. But just know that it’s a slippery slope when you start letting tenants outsource their personal problems with their neighbors to you. My first question would be “Did you let her know you could smell it in your unit?” I would want them to at least try to resolve any issues with each other before ratting each other out and involving me in their drama. If you ever want to scale your business you will want to avoid getting involved in silly stuff. As others have said, cigarettes are a different issue because nicotine odor and stains can linger and be a real problem. But pot is benign; a few hours and the smell is gone. I have a zero tolerance policy for tobacco smoking but if I tried to evict every tenant that smokes weed here in CO I would have exactly zero tenants. Not that I would be able to evict for it anyway, even the judges smoke weed here so they would probably laugh at me. If some pot odor is your biggest issue right now, consider yourself a very lucky landlord indeed. But yeah my solution would be to bring her over some Super Lemon Haze and if the grumpy neighbor doesn’t lighten up from the smell of that, she’s obviously just beyond help.
Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
6y
It's CA and every day we have new laws to protect disenfranchised people. Personally I haven't checked with anyone on the laws regarding smoking pot in a rental unit, you might want to do that. If it is for medicinal purposes, it may be protected, does anyone else know?
Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
6y
@Steve K. So what you’re saying is...I should allow my tenant to smoke marijuana even if it is a breach of contract..let her think she can violate the lease whenever she wants..and risk losing my other tenant? Ok. Thanks.
Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
6y
I do like the idea of letting them work their own stuff out and not getting involved and that is something I will foster, but if I have a tenant that’s violating the lease on day one and is going to cause me to lose my other tenant who pays her rent on time and gives me zero issues, best believe I’m getting involved. Because how many other tenants am I supposed to lose over this one tenant? You think everyone is ok with the stench of marijuana in their home? I think not. I spoke to one woman on the block when I used to live there that said she told her landlord she was moving out after 5 years because she couldn’t deal with the neighbors constant fighting and uncleanliness. You know what the landlord did? He evicted them. Because not one landlord I know wants to continue losing good tenants over one bad tenant. lol. I cannot believe this thread. I love all the advice. But some of this crap is laughable. Oh yeah it’s just weed screw it neighbor shouldn’t be complaining she’s the one that those to live in a duplex to begin with..lol..what? Goodbye.
Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
6y
@Lila Ravve I don’t care if she smokes inside the unit and keeps it on the low. But if it’s obvious, I’m not gonna say..here’s how to better violate my lease. Hopefully she can figure that out on her own. Out of sight out of mind. Don’t be stupid and obvious about it.
Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
6y
Did someone say a skunk? Didn't realize that skunks and weed have a similar smell.
In any case, I think the new tenant is most likely smoking weed, and this is a tough one but that's what comes with the landlord territory.
Write a strong-worded letter to the new tenant and tell he/she that the proximity of the units is preventing the next tenant from enjoying their home and that if they want to smoke it HAS to be outdoor away from the house as they have signed the lease which clearly states it is a NON SMOKING unit.
To conclude, use the word eviction in the letter to show your seriousness.
In business, the war happen at the level of words, especially when used strategically.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
6y
Easy there, I was trying to be funny. It does seem like you’re making a mountain out of a mole hill though. Simple problem to solve (if you even want to get involved which I honestly wouldn’t personally but up to you): call the new tenant and issue a warning. Done. On the scale of landlording issues... this isn’t even on the scale. That’s where the comments about hiring a PM are coming from. What they’re saying is if you need the help of a public forum for a minor issue like this, you’re not cut out to be a landlord. Although I see the truth in those comments, I’m also a big believer in the “no such thing as a stupid question” mindset. Ultimately, if there’s a lease violation on day one, you may need to do a better job screening tenants. If you continue failing to screen properly, trying to solve tenant drama and babysitting, and then pull out the nuclear option (eviction) over every little thing, you’ll lose money and get ulcers being a landlord. Evictions and turnover are #1 profit killers. Sorry just some real talk, take it or leave it. If you do end up warning the new tenant, I would also remind the tattle-tail tenant that your number is for actual emergencies only. If I got a call every time a tenant smelled weed in their building, my phone would never stop ringing. Luckily very few people are that uptight about it in my experience. It’s a non-issue in my book. Good luck!
Rental Property Investor · Clearwater & Daytona Beach, FL · Member since 2019 · 194 posts · 197 votes
6y
If I had no tenants that smoked weed, I’d have no tenants at all. I’d politely ask them to smoke elsewhere and store it properly in a sealed mason jar so the whole neighborhood doesn’t smell it.
Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
6y
@Steve K. I can’t be making a mountain out of a mole hill because I had a convo with the tenant like 12 hours ago. I’ve been entertaining this thread because people like you are still throwing out their opinions. It’s actually quite entertaining. And since when does asking for advice on a platform like this mean someone is not cut out to be a landlord? And since when does a screening report show you if someone is a smoker or not? And even if they are, does that disqualify them? But of course I’m aware that some investors on this platform are smart asses. That’s cool. I can be too. So let the smart *** remarks continue.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
6y
@Maya Torres sorry, I hadn’t read most of the thread before, just your first post then quickly scanned the rest and missed the part where the movers are the guilty party and you seem to have resolved the issue. Forgive me for not reading every word of this thread before commenting. Joe Splitrock gave you great advice IMO among others and it seems like you have the situation handled now so I’m happy for you. Sorry just trying to be funny a bit and put things in perspective for you as yesterday I was dealing with a family with small children living in one of my units with no heat because they didn’t pay their electric bill so relative to that this seems pretty trivial. Just for the record I was referring to other’s comments about you not being cut out for landlording/needing a PM. I don’t know you well enough to make that judgement and I’m all about “no such thing as a stupid question” personally.
Rental Property Investor · Dickinson, TX · Member since 2017 · 4 posts · 1 vote
6y
@Maya Torres
You must enforce the lease, by not addressing it you’re unintentionally signaling that it’s ok to break the rules. It doesn’t matter that the non smoking tenant reported it. What matters is that you protect your investment!
Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
6y
I see you have it resolved and I'm late to the party. But I had this in a duplex and my HVAC guy told me to order some carbon furnace filters for the old people in the other unit and they said that they didn't smell it anymore. In some of my "C-/D buildings you can get high by standing in the hall but nobody ever complains there. I fuss at offenders when I'm there and tell them to put a towel under the door so they don't get arrested and go to jail where they can't pay me rent.
Flipper/Rehabber · Queens, NY · Member since 2019 · 25 posts · 6 votes
6y
@Maya Torres You’re in Virginia and that’s a common law state. Not telling you what to do but I bet you can figure it out. You can tell he not to do it but she isn’t going to stop.
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
6y
The only problem with the landlord going to the tenant and telling them to stop smoking is the tenant is going to know that the other tenant told on them instead of just having an adult conversation with them. This could lead to their relationship deteriorating further. Tough spot.
One thing I know from experience is evicting someone for something other than non payment of rent is very difficult so I would try every other option before doing that.
Rental Property Investor · Norfolk, VA · Member since 2017 · 142 posts · 76 votes
6y
@Michael Noto I understand not throwing the other tenant under the bus as others have suggested, but I can’t tip toe around and pretend that I was in the neighborhood stopping by..oh I smelled it while I was driving by. Lol. I don’t even have time to make things up. If the tenant wanted to remain anonymous, she should’ve thought about initially. But I know my tenant and she could care less about remaining anonymous. I actually didn’t mention her.. I said I received a complaint ..but put two and two together. And it may be hard, but if she’s going to cause me to lose good tenants then she has to go. But if I don’t have to go the eviction route, I’ll let her know that I won’t be renewing her lease. The last thing I want is to evict. But she gotta go.
Investor · Millington, TN · Member since 2016 · 45 posts · 40 votes
6y
@Maya Torres literally just went through this two weeks ago, call the sheriffs and tell them about the report of the odor of illegal drugs. Police officers go through controlled burns and drug identification courses so they can legally testify to the odor of marijuana. Anyway if they tell you that there is an odor, use that to get them out. I didn’t want to wait through the eviction process so I gave them a notice terminating their lease for use of illegal drugs as the state laws allows me to. I gave them 5 days to get out and told them if they disagreed I would go through with the eviction process. They were refusing at first so I offered to give them back their security deposit, they were out on the 5th morning and cleaned the entire house back, no damages no long eviction process and the property is back on the market.
Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
6y
You created your own problem by making the unit non-smoking. If you had left that out, you would not now have an obligation to provide a smoke-free building.
As far as weed, it is illegal in all states, and now that you have had a complaint about illegal activity within your building, you are obligated by your lease and the law to act by reporting this heinous crime (and smell) against humanity to the authorities.
So, I guess, the only logical course of action is to call the cops and report it. I would think your complaining tenant, and any court of law, will be satisfied of that response.
I wrote a way more fun post on the issue, the sort that might just make a few think differently, maybe even act differently for the betterment of all, but it got deleted for being political - a shame IMO. This post is pretty boring and the solution sucks, but it is where the road leads, if you choose to be "perfect" 100% of the time and expect all others to be too.
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
6y
Originally posted by @Account Closed:
You created your own problem by making the unit non-smoking. If you had left that out, you would not now have an obligation to provide a smoke-free building.
As far as weed, it is illegal in all states, and now that you have had a complaint about illegal activity within your building, you are obligated by your lease and the law to act by reporting this heinous crime (and smell) against humanity to the authorities.
So, I guess, the only logical course of action is to call the cops and report it. I would think your complaining tenant, and any court of law, will be satisfied of that response.
I wrote a way more fun post on the issue, the sort that might just make a few think differently, maybe even act differently for the betterment of all, but it got deleted for being political - a shame IMO. This post is pretty boring and the solution sucks, but it is where the road leads, if you choose to be "perfect" 100% of the time and expect all others to be too.
Look at the bright side though, we still have the Super Lemon Haze post from @Steve K. ... Does anything else really need to be said?
Real Estate Agent · Bozeman, MT · Member since 2018 · 36 posts · 12 votes
6y
Well it seems you have the power here. Shes a RN and the regulating board catches wind of it she will be fired and banned immediately. I would evict after a warning because good tenants are hard to find and shes clearly not a good tenant. Keep in mind though it could have been a friend without permission. Definitely give a warning and be honest with her.