Marijuana - Can you ban it from your property in NH?

Marijuana - Can you ban it from your property in NH?

Bow, NH · Member since 2018 · 14 posts · 1 vote

We recently closed on a new 5 unit property in Concord NH. During the home inspection, one of the units had marijuana spread all over the coffee table. Not sure if we're talking illegal amounts, but it was strewn about and a mess (on the table and the carpet). Sure enough at the final walk thru it was a similar scene. Both times I didnt have a chance to meet the tenant. Now that we have closed, we're contacting the tenants to fill our info forms (found on BP!) and will start making leases for the new tenants. What do the new marijuana laws allow? 

1.) If its just for recreational use can we ban it from the property. We have a section on illegal drugs, yet, marijuana is a grey area. We do not want smoking of any type. I wouldnt care if they were making brownies or something like that... certainly not trying to hide it though.

2.) What if they have a medical card? I am sure I can still ban smoking right? I have a buddy with a medical card and he buys cookies and brownies and other non-smoking types.

What other matters on the topic am I forgetting? If all else fails, hes a tenant at will and I can just evict him if Im not happy.

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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
6y

Just ask them to share.

See this reply in the discussion

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  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    Marijuana is still illegal at the federal level in every state.

    If you don't want them in your unit, just don't renew their contract.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    6y

    Just ask them to share.

  • Rental Property Investor · Manchester, NH · Member since 2019 · 186 posts · 156 votes
    6y

    Listen to "Rental Property owner & Real Estate Investor" Podcast Eposide 171 Leglized Marijuana & your investment Property.  It has ton's of great advice on this subject with some great tips of things to add into your lease.

  • Derreck WellsPro Member
    Specialist · Pelham, NH · Member since 2013 · 547 posts · 269 votes
    6y

    Weed is illegal here in NH unless you have a medical card. Recreational use is not legal here yet. 

    https://www.dhhs.nh.gov/oos/tc...

  • Investor · Tempe, AZ · Member since 2018 · 1k+ posts · 731 votes
    6y

    Treat it the same as smoking cigarettes.  For my rentals, if I can smell it at the move-out inspection then that isn't leaving the unit in the same condition prior to move-in.  I charge them a cleaning fee from their security deposit for the assumed days of vacancy to dilute and additional cleaning required.

    If it's illegal, then give them a notice and request they provide any documentation for legally having it.  If they can't, give them a notice they're in breach of contract and have them move out.

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