Rentals and Recreational Use of Drugs

Rentals and Recreational Use of Drugs

Member since 2020 · 6 posts · 1 vote

So today I recieved a letter on my door as well as all my neighbors saying that they are aware of people indulging in illegal smoking substance. They have gotten complaints from other residents and are threatening to take legal action. Now I understand, the reason people chose to smoke on there balcony and not in there own apartment is because they dont want a smoke smell within there living quarters,which I can totally agree. But my question is can they legally take action against you bcause you indulge in such activities?

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Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
Your lease probably states that illegal activity is grounds for eviction. In that sense, yes they can.
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  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    Your lease probably states that illegal activity is grounds for eviction. In that sense, yes they can.
  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y

    Advise them to call the Police vs putting a note on your door.

  • Irvine, CA · Member since 2016 · 545 posts · 614 votes
    6y

    @Lawrence Pearson It will depend on where the property is located. An example is I have a property in Santa Monica, California. It is illegal to smoke in all common areas of Multifamily housing, and Condo buildings. All that needs to be done is call the police to deal with the lawbreakers. 

    All of my leases have a No drug use, or drugs on the property, including marijuana.  

  • Member since 2020 · 6 posts · 1 vote
    6y

    @Ray Johnson The property is located in Houston Texas. I dont remember in signing the lease did it say anything like that

  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    6y
    Originally posted by @Lawrence Pearson:

    @Ray Johnson The property is located in Houston Texas. I dont remember in signing the lease did it say anything like that

    If you're renting from a professional company, it probably does have a term about illegal drug use in the unit. Best to go back and read through. Even at that, good luck telling an eviction court "Yes, I was using illegal drugs, but it doesn't say I can't in my lease."

    The smart thing would be to clear your place and refrain from said activities in the unit. The police in most areas have much better things to do than kick in doors in rental units looking for a couple of grams of weed, but is it worth that risk?

  • Real Estate Broker · Apopka, FL · Member since 2017 · 492 posts · 528 votes
    6y

    @Taylor L. Ha, I lived in a rental condo about 14 yrs ago that my upstairs neighbor befriended me at. He smoked weed, no biggie. Out of the blue, he says “Hey man, I’m going to be out of town a few days and have some speakers coming in. Can I have them dropped at your place?” Nice guy, he trusts me, cool. I say no problem.

    “Speakers” arrive to a fake name, my address, and turn out to be a poorly packaged pound of weed in a bag, stuffed in a box. In FL about 2006 it might as well have been a narcotic.. The fun thing was it was accompanied by about 35 DEA, SWAT, and undercover police swarming the entire complex to catch “the guy” who came to pick it up. Luckily I was out when it showed up, and my “WTF” reaction when I walked up to a ragged box was genuine. I told them I wasn’t expecting that package, obviously too small to be speakers and I wouldn’t touch it. They Sliced it open and boom, swarm of cops. Neighbor covered his trail to not have anything point to him. I didn’t touch it so they didn’t come in. Cops believed me and I didn’t get arrested. Someone was out a pound though, so I moved shortly after. I didn’t want to be the victim of misunderstanding.

    Door didn’t get kicked in and I did have a few grams of weed of my own....not from that guy. Whew, hahaha.

    But to the OP, you can’t smoke on a rental porch if they say not to and it’s illegal, unfortunately. I moved to a duplex unit with a yard after that before buying a house. Stick around these forums and find a way to buy a house, house hack with roommates for cheap living expense, then do as you please in your own house.

  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    6y
    Originally posted by @Russell Holmes:

    @Taylor L. Ha, I lived in a rental condo about 14 yrs ago that my upstairs neighbor befriended me at. He smoked weed, no biggie. Out of the blue, he says “Hey man, I’m going to be out of town a few days and have some speakers coming in. Can I have them dropped at your place?” Nice guy, he trusts me, cool. I say no problem.

    “Speakers” arrive to a fake name, my address, and turn out to be a poorly packaged pound of weed in a bag, stuffed in a box. In FL about 2006 it might as well have been a narcotic.. The fun thing was it was accompanied by about 35 DEA, SWAT, and undercover police swarming the entire complex to catch “the guy” who came to pick it up. Luckily I was out when it showed up, and my “WTF” reaction when I walked up to a ragged box was genuine. I told them I wasn’t expecting that package, obviously too small to be speakers and I wouldn’t touch it. They Sliced it open and boom, swarm of cops. Neighbor covered his trail to not have anything point to him. I didn’t touch it so they didn’t come in. Cops believed me and I didn’t get arrested. Someone was out a pound though, so I moved shortly after. I didn’t want to be the victim of misunderstanding.

    Door didn’t get kicked in and I did have a few grams of weed of my own....not from that guy. Whew, hahaha.

    But to the OP, you can’t smoke on a rental porch if they say not to and it’s illegal, unfortunately. I moved to a duplex unit with a yard after that before buying a house. Stick around these forums and find a way to buy a house, house hack with roommates for cheap living expense, then do as you please in your own house.

    What a fantastic allocation of police resources *eyeroll* it was pretty terrible of that guy to put you in that situation. Totally agree with your advice to work ones way out of renting. It simply stinks to be a renter, even with good landlords.

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