Marijuana Smoking Inherited-Tenant

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Marijuana Smoking Inherited-Tenant

Grant SchroederPro Member
Lender · OR ID AZ CA WA CO NV TN MT · Member since 2018 · 599 posts · 312 votes

Hey BP Community! I have two inherited tenants on one side of the duplex I am currently house-hacking with my wife. It is a mom and her 28 year old son. The mom has been great to work with since we purchased last summer, but the son has been causing trouble lately. I do not allow smoking tenants in my rentals when people go through the application process, but since I inherited these tenants and he was upfront about smoking marijuana (not medical), I said he cannot smoke in the property, and must be at least 25 feet away from the outside of the duplex if he chooses to smoke marijuana. Since it rains here in Oregon constantly during the winter months, he has taken to smoking under the back porch in the evenings to avoid being caught, but I have found him there multiple times in the past month. I don’t want to evict them, especially with the mom being a quality long-term Tenant, but was wondering if anyone has come across a similar situation as this and what you would recommend doing?

Thank you for your advice!

[email protected]541-231-1256
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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
In all honesty, you should probably be grateful he is going outside. Many tenants would ignore you and smoke inside anyway, putting the responsibility of proving it on you. I would only complain about it if he was standing somewhere that causes the smoke to go inside significantly.
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  • Nik Moushon
    Architect · Wenatchee, WA · Member since 2018 · 843 posts · 907 votes
    6y

    Not sure when you are able to edit your lease agreement but you can always throw in a clause for applying fines for each time they are caught smoking. Money is a strong deterrent.

    You could also build/buy a small covered something for him to smoke under and put it in the far corner of the lot. 

    Other than that eviction is really your last resort if you have talked to both of them about this. 

    9Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    In all honesty, you should probably be grateful he is going outside. Many tenants would ignore you and smoke inside anyway, putting the responsibility of proving it on you. I would only complain about it if he was standing somewhere that causes the smoke to go inside significantly.
    15Reply
  • Robert Wentland
    Member since 2019 · 10 posts · 4 votes
    6y

    @Andrew B. I agree with you. I know of many people that would just do it inside.

    It is Oregon so you're definitely going to run into pretty often.

    3Reply
  • Derek Hutson
    Denver, CO · Member since 2017 · 38 posts · 14 votes
    6y

    I agree with @Robert Wentland that this is not the last time you will encounter this in Oregon...

    It is up to you to decide if you want to evict a reliable long-term tenant for something like this, even if they are choosing to do it outside and not in the actual property.

    If it comes with a lot of disturbances (friends over having too good of a time and making a lot of noise), you could reference that as an issue. Otherwise your best bet might be just putting a clause into a future version of the lease with your 25 foot rule.

    2Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    6y

    @Grant Schroeder

    Does your lease address this? For my lease, this would be grounds for termination of said lease. And I would do it.

    Now, next time, tell the sellers to deliver the place empty. Barring that, make sure your lease covers consequences for violation.

    Be prepared to evict. If you don’t want to do that, then it’s not bothering you that much. Personally, zero smokers for my properties. If I know they smoke, I don’t rent to them.

    3Reply
  • Steve O.Pro Member
    Rental Property Investor · West Caldwell, NJ · Member since 2019 · 104 posts · 65 votes
    6y

    @Grant Schroeder I recommend sitting down with him. Let him roll a joint and smoke it with him. You will realize, after 2-3 tokes that it’s really not a big deal. Tell him open the windows. Cigarette smoke is what makes your walls and ceilings stain and smell because of the habitual lighting a cigarette. He will not be smoking weed, like a person smokes weed.

    10Reply
  • Mike Roberts
    Member since 2019 · 17 posts · 9 votes
    6y
    Originally posted by @Steve O.:

    @Grant Schroeder I recommend sitting down with him. Let him roll a joint and smoke it with him. You will realize, after 2-3 tokes that it’s really not a big deal. Tell him open the windows. Cigarette smoke is what makes your walls and ceilings stain and smell because of the habitual lighting a cigarette. He will not be smoking weed, like a person smokes weed.

     I could not agree more! Is this kid causing ANYBODY any problems? Is anybody complaining? Is he doing anything illegal? He's outside, who cares. This is a totally different thing than tobacco smoke, legalities and opinions aside, this will NOT damage your property.

    4Reply
  • Rousner E.
    Investor · Millington, TN · Member since 2016 · 45 posts · 40 votes
    6y

    @Grant Schroeder

    You may want to reconsider your steps here. I had a tenant who was smoking cigarettes and marijuana inside of the house. Took forever to get the odor out of the house, if he is decent enough to do it outside I would not complain and just keep the security deposit at the end of the lease.

    2Reply
  • Taylor L Parton
    Bakersfield, CA · Member since 2017 · 22 posts · 9 votes
    6y

    The lease is with the mom?  Most leases have tenant name listed in the lease.

    long term.or not,... I have had bad experiences for not stopping the Pot right away.  

    I would not renew the Moms lease and renovate her apt after she leaves.  Let Mom take her pot smoker with her and be someone else's headache.

    believe me.  It's not worth the problems you will soon encounter   spoken from Experience.

    fet her out...that the only way he  will be gone.

    all the Best to you.

    3Reply
  • Mike Roberts
    Member since 2019 · 17 posts · 9 votes
    6y
    Originally posted by @Taylor L Parton:

    The lease is with the mom?  Most leases have tenant name listed in the lease.

    long term.or not,... I have had bad experiences for not stopping the Pot right away.  

    I would not renew the Moms lease and renovate her apt after she leaves.  Let Mom take her pot smoker with her and be someone else's headache.

    believe me.  It's not worth the problems you will soon encounter   spoken from Experience.

    fet her out...that the only way he  will be gone.

    all the Best to you.

    LOL! Do you understand marijuana is legal in Oregon and many other states after a popular vote of the people? I'm willing to bet these "problems" you think you had really had nothing to do with weed. Renovate her apartment? For what? You obviously do not know how marijuana works. It is NOT like tobacco smoke. This is irrelevant of your opinion of using the drug or it's legality. It simply does not cause any damage to a building. If you want to think it's the worst drug in the world, you can, but, it still remains that it does not cause building damage.

    In this particular instance, I can't see any problem what so ever with what the OP posted. What is he upset about? There is no indication of any property damage, illegal activity, or complaints. He's smoking weed on the porch. It's no different than drinking a beer there.

    4Reply
  • Taylor L Parton
    Bakersfield, CA · Member since 2017 · 22 posts · 9 votes
    6y

    "the son has been causing trouble"  caught him"  

    you are in a State that has no laws.. any kind of smoking and a 25 ft rule.  You have to make that decision   Sounds like the 25 ft rule is not being followed. 

    2Reply
  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    6y
    Originally posted by @Mike Roberts:

    In this particular instance, I can't see any problem what so ever with what the OP posted. What is he upset about? There is no indication of any property damage, illegal activity, or complaints. He's smoking weed on the porch. It's no different than drinking a beer there.

     EVERY time someone posts on these forums about marijuana smoking, some people come out of the woodwork trying to marginalize the concern and turn it into a lifestyle debate.  The problem the OP is having is NOT the pot smoking; the problem is the lease violation. 

    "What are you people, on dope?"  -Mr. Hand

    My suggestion to the OP is modify the lease when legally able to your liking.  Despite lifestyle choices that people either agree or disagree with, all of one's tenants deserve the peaceable enjoyment of their home.  If the smoke (pot/cigarettes/teepee) is bothering others, it is your duty as the landlord to enforce the lease as written.  If you are not going to hold tenants to account, then remove that language from the lease.  

    IF he is only smoking outside and the smoke is NOT bothering others nor creating some kind of business liability or expense on your end, I personally would let it go.  But - as they say - your house, your rules.

    Good luck!

    4Reply
  • Taylor L Parton
    Bakersfield, CA · Member since 2017 · 22 posts · 9 votes
    6y

    "the son has been causing trouble"  caught him"  

    you are in a State that has no laws.. any kind of smoking and a 25 ft rule.  You have to make that decision   Sounds like the 25 ft rule is not being followed. 

    1Reply
  • Brian Ellis
    Rental Property Investor · South shore, MA · Member since 2017 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Mike Roberts:
    Originally posted by @Taylor L Parton:

    The lease is with the mom?  Most leases have tenant name listed in the lease.

    long term.or not,... I have had bad experiences for not stopping the Pot right away.  

    I would not renew the Moms lease and renovate her apt after she leaves.  Let Mom take her pot smoker with her and be someone else's headache.

    believe me.  It's not worth the problems you will soon encounter   spoken from Experience.

    fet her out...that the only way he  will be gone.

    all the Best to you.

    LOL! Do you understand marijuana is legal in Oregon and many other states after a popular vote of the people? I'm willing to bet these "problems" you think you had really had nothing to do with weed. Renovate her apartment? For what? You obviously do not know how marijuana works. It is NOT like tobacco smoke. This is irrelevant of your opinion of using the drug or it's legality. It simply does not cause any damage to a building. If you want to think it's the worst drug in the world, you can, but, it still remains that it does not cause building damage.

    In this particular instance, I can't see any problem what so ever with what the OP posted. What is he upset about? There is no indication of any property damage, illegal activity, or complaints. He's smoking weed on the porch. It's no different than drinking a beer there.

    I don't think the issue is whether or not it is legal, or if it damages the property. The issue is with the OP not wanting it on his property. Those are his rights, and if he chooses not allow any smoking then there is no argument here. 

    Your feelings to this matter are irrelevant. Im not saying that to be a jerk, but the landlord needs to know that any leniency and bending of the rules is going to give him a lot of headache. 

    To the OP: If those are your terms, make sure they are in the lease. If they break it, and don't resolve the issue, evict.

    3Reply
  • Billy Smith
    Shawnee Mission, KS · Member since 2016 · 719 posts · 313 votes
    6y

    This is simple if the smoke is leaving a stink in or around the building that is damages.

    The stuff they smoke now is super charge and stinks so the smell is an issue.

    I would explain the issue in simple terms of the stink leaving smells that will have to be treated to fix it.

    0Reply
  • Jerry Lucker
    Flipper/Rehabber · Seattle, WA · Member since 2015 · 333 posts · 459 votes
    6y

    @Grant Schroeder

    Unless someone else complains let him be. Sounds like he’s not hurting anything or anyone.

    1Reply
  • Jae Hee Hwang
    Investor · New York, NY · Member since 2017 · 14 posts · 3 votes
    6y

    @Grant Schroeder Honestly I think he can be worse than he is now. I would keep him but charge him $50 more per month so you can do deep cleaning after he moves out. It’s like pet fee :p

    0Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y

    Some people are getting hung up on their emotional attachment to the drug. This is business decision and not a legalization or lifestyle debate. 

    Whether it is pot, cigarettes, vaping or even candles; there is damage and odor that can occur. I don't allow any of these things inside. Generally pot causes less damage, but only because you are not smoking continuously. I really don't want any smell or film on my walls. In multi-family, the neighboring tenants shouldn't have to inhale something they don't want in their body. It is then an air quality issue. 

    That all being said, in this situation, the tenant is outside. Unless your windows or doors are wide open, you really won't smell this and it will not cause any damage. You may "see him" but really what concern is that? If you don't smell it and it isn't inside the property, this is a non issue.

    4Reply
  • Nicole Heasley Beitenman
    Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    I get that it isn't hurting anyone, marijuana smoke isn't like tobacco smoke, it's legal, he's outside, etc., etc. But you told him he must be 25 feet away, he agreed, and he isn't abiding by that agreement. I agree with @Nik Moushon. When it comes time for renewal, include a clause regarding smoking marijuana in the new lease. Make sure the son is on that lease. Include a charge for every time he is caught violating that clause. 

    2Reply
  • Chris Musser
    Rental Property Investor · Chicago, IL · Member since 2019 · 7 posts · 8 votes
    6y

    @Grant Schroeder

    I have a multifamily and I inherited older tenant who smokes marijuana and cigarettes. We live below them. We have a no smoking policy in our lease, great tenants I should add btw. No joking. They pay on time and are nice. I let them smoke at this point. We can’t smell it, and they were smoking 5 years before we bought the building, so if they move, which they likely won’t, I’ll have the SAME smoke remediation as if I enforced it. It’s 100% pointless, plus they’re happy tenants. My wife and I do NOT smoke anything, but as I said...we can’t smell it in our unit. If another tenant in another unit smells it and complains, I’ll have a talk with them. I’ll have to start enforcing it on complaint #2+.

    3Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y
    Originally posted by @Chris Musser:

    @Grant Schroeder

    I have a multifamily and I inherited older tenant who smokes marijuana and cigarettes. We live below them. We have a no smoking policy in our lease, great tenants I should add btw. No joking. They pay on time and are nice. I let them smoke at this point. We can’t smell it, and they were smoking 5 years before we bought the building, so if they move, which they likely won’t, I’ll have the SAME smoke remediation as if I enforced it. It’s 100% pointless, plus they’re happy tenants. My wife and I do NOT smoke anything, but as I said...we can’t smell it in our unit. If another tenant in another unit smells it and complains, I’ll have a talk with them. I’ll have to start enforcing it on complaint #2+.

     It is not true to say the smoke remediation is the same whether they quit smoking now or not. Smoke smell dissipates with time. As an ex-smoker and knowing many people who quit, I assure you over months or years, the smell dissipates and you cannot detect any odor. The smell is on everything, carpet, walls, kitchen cabinets. The effort to deodorize a property is fairly extensive. You are better off having them stop now, so it isn't a problem when they move out. They are not going to move over enforcing this policy. Hardly any properties allow smoking nowadays so where would they go?

    1Reply
  • Chris Musser
    Rental Property Investor · Chicago, IL · Member since 2019 · 7 posts · 8 votes
    6y

    @Joe Splitrock

    I agree Joe, that the smell dissipates over time, but the nicotine and film is over everything. If they quit today and moved out in ANOTHER 5 years, i will have to do the same level of remediation. Besides that, I will replace the cabs and countertops with granite when they move, which I doubt they ever will. They are older and VERY settled.

    1Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    Thoughts:

    1. What does your lease say? If you inherited the tenants, you have to go by whatever that lease says until it expires.

    2. If the lease is expired, rewrite it the way you want it to read. Then the tenants will either leave and you can get new ones or they'll comply and you'll be happy with them, or you'll have to evict them. In any case you can eventually get it the way you want.

    3. Since you occupy one side of this place you don't have to worry about what your other tenants think of the issue, so it's really if you can stand it or not.

    4. If it were my house and they weren't violating the lease I would leave them alone, especially since it appears he's willing to go outside which is a long way towards what some others might do.

    5. My leases bar anyone from smoking anything inside the house. That takes care of any smoking inside the house. In my opinion/experience it's worthless to try to control smoking outside. 

    6. My lease bars use of any illegal drugs on the property. Since you're in a state-permitted area you have more of a gray area than I have, but MJ is still illegal at the federal level. 

    Bottom line for me would be: do whatever the lease says. If you really hate it and want them gone, and the lease doesn't bar it, then you know what you have to do when the lease comes back up.

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  • Ryan Pereira
    Rental Property Investor · New Bedford, MA · Member since 2019 · 6 posts · 9 votes
    6y

    @Grant Schroeder

    Dude marijuana smoke is not the end of the world. My last tenant smoked big gas in my apartment and just left 5 days ago. I’ve cleaned the walls and cleaned the floors and the place smells like cleaning products brand new..

    -

    Cigarrettes on the other hand. None of that.

    1Reply
  • Rob B.
    Chicago, IL · Member since 2018 · 546 posts · 227 votes
    6y

    I'm inclined to agree with Andrew B. on this one. Usually most tenants will simply ignore that demand/request. I imagine many more instances like this will come about here in Chicago as recreational is now legal in Illinois. I'd be sure to update the lease that you have (even the non-smoking clauses -- make sure you specify things like 'cultivation, manufacturing, distribution or sale of marijuana' being prohibited anywhere in the dwelling). 

    0Reply
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