Tenant smoking marijuana?

Question

Purchased the duplex I live in (up/down)  and have smelled marijuana on several occasions when hanging out outside. I live in Minnesota where recreational use ins't permitted and I'm not sure if they have a prescription for medical use or not. They've had their windows open and I can't think of any other reasonable places it would be coming from (I live in an urban area) however, I don't know beyond a shadow of a doubt it's them. What would you recommend my course of action would be? They're moving out in the end of June and I'd rather not even attempt the eviction route in this climate (not even sure if you can still evict for illegal activities). I'm 25 and just starting out this whole RE investing thing and haven't had to deal with this kind of stuff before. Thanks in advance for any guidance.

Account Closed · Answer

@Jordan Hines

If they are otherwise good tenants, and no one is complaining, I would ignore them if they're moving out in June. Especially since you don't even have proof it's them.

Ryan Flanagan · Answer

http://www.citypages.com/news/attention-stoners-hennepin-county-wont-prosecute-weed-cases-under-100-grams/507281601

Recreational marijuana use in the Twin Cities is awfully common, particularly in areas with younger renters. My "velvet glove" approach would be to light-heartedly tell them it's getting too loud outside and it is time to buy a vaporizer. That said, it is your property and you need to decide with what you are ok with going on there. Read the neighborhood and read your tenants. If you think that their activities go beyond recreational use (large quantities in the house, visible scales or bags, people coming and going in excess) it's time for a more serious conversation. If it's bugging neighbors you could get 311 complaints. If police show up it can affected your rental tier status (1-3) and make it more expensive for you to renew your rental license.

Good luck!

James Hamling · Answer

@Jordan Hines As I am involved in Property Management here in MN I am going to speak very market specifically.

Yes, evictions and removals during lockdown ARE legal and available for illegal activities, of which drugs is one of those.

Now personally I would take a "peace-maker" approach (the velvet-glove) and just contact the tenants and say how it's been a noticed things around there and not saying if it is them or not, but with it that noticeable out doors it's inviting serious problems and a person would be best to be smart and discrete of such a thing before that uninvited attention is police.

Now to freak you out a bit if in Minneapolis market, ever heard of that law where the city can confiscate real estate if it is a rental and there is drug activity? Well, I actually know an investor it happened to, and it cost him dearly and he was a good guy, not any kind of slum lord, and was trying to do all he could legally to get something done with the problem tenants, so it was messed up to say the least. Point is, in Mpls market take drugs VERY serious because you might end up having to deal with it in a much uglier and costlier way.

Again, as I said I'd start with the friendlier approach, hopefully they have some level of intelligence, get the hint, and it's over. If they don't.... well if you read any of my other things on PM I speak of my philosophy of management called an "Iron Fist in a Velvet Glove", the soft approach doesn't work, than it's all Iron Fist, and I mean that in the most tyrannical ruler means possible, the only measure I have stronger than that is when I call up the lawyer which we refer to as "The Hand of God" because thats the level of destruction she can bring down.

So, be smart, be proactive, vast majority of time a talk is all it takes.

Isaac S. · Answer

....um, tell them to pass to the left hand side?

Account Closed · Answer

Believe it or not, I am dealing with this issue right now. Since it says in my lease that there is no smoking in the house, I addressed that it was a violation of the lease to smoke in the house. Since I had no hard evidence that it was marijuana and it was coming from his unit (even though I have a lot of reason to believe it was him), I only addressed what the lease says and that a violation of the lease results in eviction.

I also told him that I wanted to work with him as I have in the past and have respect for my tenants. I also stated the need for mutual respect and that if we couldn't have mutual respect, then we would have to part ways. To which he replied that he understood and that he respects that.

We shall see what the future holds. I am a very hands-on LL and visit my units often. And he knows that if this problem persists, he will be evicted.

I think the key is relationship and keep a presence in order to let your tenants know that you are not only interested in them, but you are also wanting to keep your unit/s clean and tidy.

If they are moving out within the month, I wouldn't bother saying anything. But I wouldn't renew the lease and I would take this opportunity to make sure my lease addresses all situations. You can only hold them accountable for breaking the lease and nothing else.

Account Closed · Answer

@Jordan Hines

If they’re moving out in June i’d leave it alone. Sometimes you have to pick your battles.

Sandy Gabin · Answer

Hi Jordan, I would do the same to ignore it. Just make sure that you add in the lease no smoking is permitted. Before renting out a unit I have to make sure by asking if anyone smokes cigarettes, marijuana, hookah, etc. I hate the smell of it and want to take care of my tenants.  You wouldn't believe how many people get sick just for being a second, third or fourth and it keeps on going.

Marlen Weber · Answer

@CJ M. great approach.

Jordan Hines · Answer

It’s definitely spelled out in the lease that smoking is prohibited. I inherited the lease when I purchased the property in December. I’m just wanting to avoid cleaning expenses.

Jordan Hines · Answer

@James Hamling

Thanks for taking the time to respond and for the advice. I think I’ll send them an email and start there.

Tenant smoking marijuana?

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