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?
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.
First of all, we have to clarify, again: Marijuana smoke CANNOT damage your building. It is not possible. There is no such thing as marijuana smoke "remediation". If it is your opinion that it damages people, great. If it is your opinion that it should be illegal, great. Does not change the fact that it CANNOT damage a building, even if you sit in there puffing away 24/7. It is not tobacco, every substance creates a different kind of smoke. Every house is going to have a different kind of smell left by the previous tenant even if they never smoke. People stink. This is why houses need to be cleaned. Just because it vaguely smells like pot the day they leave, does not mean it will smell like that tomorrow. Open the friggin window!
Some of you are trying to compare this to candles. How many have a "no candles" policy in the lease and enforce actually it? This is a good comparison, because marijuana smoke will make a house smell the same way a scented candle does - for a few hours and then you never know it happened.
It sounds like what this is coming down to is "he didn't follow the rules, get 'em!!!" and you just want to be the alpha male for no reason. You enjoy the power of being a landlord or you would not have asked this question. Just because you think you are the boss does not mean evictions are any better for you than they are for the tenant. The truth is, it will cost you money. And in Newberg, Oregon (I lived there for 30 years BTW) almost every tenant is going to smoke pot. I betcha $20 mom tokes too. It sounds like the OP really needs to take a toke...
IF he was causing damage I would evict them in a heartbeat. IF the neighbor was complaining I would evict them in a heartbeat. Just because he didn't follow the letter of a stupid rule? Quit trying to be a dictator. No tenant will ever like you. This is like a cop pulling you over for going 60mph in a 55mph zone. If that cop gives you a ticket for that he is an *** on a power trip, and it will likely be thrown out in court.
Have you even bothered to simply ask this kid, "hey, I see where you are smoking, could you please go do that over there?" This kind of nonsense is why people tend to hate landlords even if they have never met them. Nit picking is not a smart business move.
Rental Property Investor · MI · Member since 2019 · 192 posts · 205 votes
6y
If you have a no smoking policy, it is what it is. That’s your policy and you have the right to enforce it. If you don’t stand for something, you’ll fall for everything. And the Mom, why can’t she tell her son to follow the rules?! If she’s a good tenant as you say, SHE shouldn’t want to risk being evicted. Buy or make a no smoking sign that says “ No smoking within 25 feet of the building “ and place it outside or You buy the material and give permission to make a small patio away from the house where he can enjoy smoking his joints or build one yourself and mark it “ smoking shelter”. It’s crazy how the simplest things can break a good landlord tenant relationship......if tenants could just follow the rules everyone would be happy, right?
If you have a no smoking policy, it is what it is. That’s your policy and you have the right to enforce it. If you don’t stand for something, you’ll fall for everything. And the Mom, why can’t she tell her son to follow the rules?!
So far I have not heard anything from the OP that suggests he has even asked the mom or the kid to stop doing this besides writing it in a lease that they probably barely looked at. Yes, sometimes people need to be reminded of the rules. It is not the end of the world. You don't have to crucify them for it. And don't try to say that you did absolutely everything your mom ever asked you to do...
Maybe he just has to go ask this kid and they kid will say "oh, sorry, I didn't know I was bothering you" and then stop. Has he tried? People who smoke pot are usually calm and easy to get along with...many are just assuming this kid is some kind of monster who refuses to follow rules and he's gonna get momma evicted. There is no information here that indicates this.
Flipper/Rehabber · Merrillville, IN · Member since 2014 · 24 posts · 7 votes
6y
@Grant Schroeder if they are paying rent I wouldn't worry too much about it but I would explain that if the house smells like marijuana when they move out the security deposit is at risk. I would leave it alone after that.
Rental Property Investor · Navarre, FL · Member since 2019 · 913 posts · 640 votes
6y
Sounds like he's trying not to disrespect your property by smoking outside. As much as I totally disagree with pot smokers...I feel he should be left alone. The next tenant might not be such a good tenant. Bird in the hand...
Just give them notice and don't renew their lease. You can probably find better tenants quite easily. You don't have to live with this.
You've clearly not visited Newberg, Oregon. As I mentioned above, I lived there for 30 years. Most people there smoke pot...especially people who rent. It's a big, big, big deal there. That was before it was legal. The chances that the next tenant is going to smoke pot all the same is very, very, very high. And maybe they won't bother to go outside. There are a LOT of people who smoke pot you would never think of - old ladies, professionals, stoners, doctors, lawyers, realtors, the guy at McDonalds, and everybody in between.
"You don't have to live with this"...the horrors, the horrors! What is it that he is living with again? It's not like this is his roommate smoking in the same house as him.
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
6y
@Grant Schroeder If he is not disrupting your quiet enjoyment and/or the smell is not making its way into your apartment than I probably wouldn't even bring it up. If it does than definitely bring it up. Anything you say to the son you risk alienating the mother who is a good tenant.