Tenant and Marijuana

Tenant and Marijuana

Real Estate Investor · Seattle, WA · Member since 2011 · 20 posts · 9 votes

Ok so I have a duplex with a top unit short-term rental, and a bottom unit long-term rental.  We are in Seattle, and the bottom unit tenants will frequently sit out on their deck below and smoke marijuana (perfectly legal!), which wafts up to the deck and back rooms of the short-term rental above.  I've been told bluntly that our reviews for the short-term rental are not going to be great from the smell.

Any thoughts on how to reason with the tenants below, given what they are doing is perfectly legal?!

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Member since 2020 · 4 posts · 28 votes
5y

@Doug Webb go with me here! LOTS of people who travel to legal states want to partake of lax Cannabis Laws. Why not market the property as “Cannabis Friendly” and RAISE the rent 25-40 a night? You would never have an issue with the smell but rather GLOWING REVIEWS of this amazing space that won’t Fine you $300 for smoking like a chain hotel would?

#cannatravel

#cannatourism

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  • Flipper/Rehabber · RI · Member since 2020 · 70 posts · 61 votes
    5y

    @Doug Webb

    I’m not sure about how Seattle’s laws are but in Rhode Island which is medical (I’m a patient) and Massachusetts which is recreationally legal smoking on your deck would be considered smoking in public which isn’t allowed.

    In either state you are allowed to smoke in rental properties (in RI only if a patient) unless there is someone who is bothered by the smoke but that needs to be argued in court and in the lease.

  • Property Manager · Henderson, NV · Member since 2018 · 501 posts · 317 votes
    5y

    Whether a tenant has a barking dog, smoking cigarettes, smoking marijuana, etc... They cannot be a nuisance to their neighbors.  I would send a letter focusing on the nuisance it is causing others and harming their equal enjoyment of their home.  Make sure to have documented complaints from other neighbors/tenants. 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y
    Originally posted by @Doug Webb:

    Any thoughts on how to reason with the tenants below, given what they are doing is perfectly legal?!

    Just point to the clause in your lease that prohibits smoking in the unit.

    You do have that clause, don't you? If not, you're probably out of luck unless the City has some sort of restriction that says smoke must be X feet away from doors/windows. 

  • Real Estate Investor · Seattle, WA · Member since 2011 · 20 posts · 9 votes
    5y
    Originally posted by @Greg M.:

    You do have that clause, don't you? If not, you're probably out of luck unless the City has some sort of restriction that says smoke must be X feet away from doors/windows. 

    Hi Greg, I do have a clause that they can't smoke in the unit.  They are not smoking "in" the unit.  They are smoking outside where it is perfectly legal.

  • Real Estate Investor · Seattle, WA · Member since 2011 · 20 posts · 9 votes
    5y

    Originally posted by @Michael Robbins:

    Whether a tenant has a barking dog, smoking cigarettes, smoking marijuana, etc... They cannot be a nuisance to their neighbors.  I would send a letter focusing on the nuisance it is causing others and harming their equal enjoyment of their home.  Make sure to have documented complaints from other neighbors/tenants. 


    Thank you, that makes perfect sense.  It certainly is a nuisance.  I will work with this logic!! 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y
    Originally posted by @Doug Webb:

    That's actually debatable. If the deck is attached to the property, you can argue that it is an unenclosed part of the unit. Also, the fact that their smoke is entering into the property can be construed as they are smoking in the unit. 

    Going forward, change the clause to no smoking on the property. 

  • Member since 2020 · 339 posts · 356 votes
    5y

    @Doug Webb

    I’d give them a notice . Give them a stern talking to in person and advise them you won’t be renewing the lease if the shenanigans don’t stop !

    When it comes to landlording you must be pro active and let these people know in no uncertain terms that your not happy with their conduct and they must take immediate action or consequences will follow . Just hoping things work themselves out rarely works out I can assure you

  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    5y

    @Doug Webb

    Remove the tenants. If there is no lease, you can site any number of reasons including your desire to renovate. Just don't mention the dope.

    Legal as pot is, its also legal to let the toilet overflow, and bang on the walls or practice the saxophone all day. But a nuisance is bad for business. Its best to remove smokers of anything, because most smokers are dead in the head, and have no clue or care where that stench goes.

    If there IS a lease, perhaps you can ask them to leave without a penalty for breaking it.

    Nope, not anti pot. Loved it alot as a kid. However, I also know that "heads" rarely care about the smells their fun produces.

    I would sit down with the one who pays the rent and talk about the issue as being a concern. You may be lucky, and the "heads" may work with you.

    Just don't make demands or expect too much.

  • Steve O.Pro Member
    Rental Property Investor · West Caldwell, NJ · Member since 2019 · 104 posts · 65 votes
    5y

    @Doug Webb bring over a 6-pack of beer and talk to the tenant.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    5y

    Our lease states that smoking is not allowed anywhere on the property and we won't offer a lease to a tenant that smokes anything. ie, we only rent to non smokers. Smokers are not a protected class.

  • Member since 2020 · 4 posts · 28 votes
    5y

    @Doug Webb go with me here! LOTS of people who travel to legal states want to partake of lax Cannabis Laws. Why not market the property as “Cannabis Friendly” and RAISE the rent 25-40 a night? You would never have an issue with the smell but rather GLOWING REVIEWS of this amazing space that won’t Fine you $300 for smoking like a chain hotel would?

    #cannatravel

    #cannatourism

  • Investor · Los Angeles, CA · Member since 2019 · 132 posts · 91 votes
    5y

    @Doug Webb Write them a letter (All tenants of the building) stating that you have had complaints regarding the smell of pot in the building. (This heads off any discrimination charges by singling one person).

  • Flipper/Rehabber · Memphis, TN · Member since 2020 · 758 posts · 285 votes
    5y

    Did you put a clause regarding the prohibition of marijuana in your lease agreement?

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    5y

    Who told you your short term rental reviews won’t be good because of this? An actual renter or someone else speculating? 

  • Charles Town, WV · Member since 2012 · 38 posts · 6 votes
    5y

    @Doug Webb, it looks like Seattle law says that you can’t smoke in view of the public and must be “inside” a residence. I would send them a letter reminding them of the laws and ask them to be considerate of their neighbors. If they choose not to then take it from there.

  • Member since 2019 · 2 posts · 2 votes
    5y
    Originally posted by @Michael Robbins:

    Whether a tenant has a barking dog, smoking cigarettes, smoking marijuana, etc... They cannot be a nuisance to their neighbors.  I would send a letter focusing on the nuisance it is causing others and harming their equal enjoyment of their home.  Make sure to have documented complaints from other neighbors/tenants. 

    I like this route and would add that there are options on the market that don't produce pervasive scents such as pens and edibles to help soften the blow and give them some flexibility.

  • Rental Property Investor · Inlet Beach, FL · Member since 2018 · 199 posts · 111 votes
    5y

    They can consume marijuana in other forms.

    Smoking, by burning plant materials, whether cigarettes or marijuana or cigars, is going to smell and permeate. And, let's face it, it bothers people.

    Sure they think they are doing right by being outside while smoking. But if other tenants are complaining about the smell, then they have to stop. They can get something that isn't burned with fire.

    Or are you just predicting that this might be an issue?

  • Rental Property Investor · Inlet Beach, FL · Member since 2018 · 199 posts · 111 votes
    5y

    Oh, yeah, or you lean into it.

    Be a pot friendly rental. Especially since you are in a recreational state

  • Justin HillPro Member
    Wholesaler · Lansing, MI · Member since 2017 · 39 posts · 12 votes
    5y

    @Doug Webb just have the top unit close their windows in the back.

  • Real Estate Agent · Owatonna, MN · Member since 2017 · 221 posts · 152 votes
    5y

    @Doug Webb first thing you should try is having a conversation and asking them kindly if they could smoke further away from the house and explain why. Treating them like a person and using good customer service skills goes a long ways

  • Rental Property Investor · Fleming Island, FL · Member since 2019 · 85 posts · 104 votes
    5y

    @Mike Menard bingo!

  • Investor · Portland, ME · Member since 2016 · 16 posts · 3 votes
    5y

    @Mike Menard

    I can’t tell if you are serious or not.. haha

    If you’re serious, I respect your opinion but I think doing this would likely lead to increased vacancy that would not be adequately offset by a “420 friendly” surcharge for that subset of the market that may be interested in paying the higher price..

    Just my opinion!

  • Member since 2019 · 448 posts · 306 votes
    5y

    @Doug Webb

    I know this will sound crazy but let them smoke inside. If its not cigarettes and ONLY marijuana, it wont stick to the walls and smell the place up once they vacate. Have them sign a lease addendum allowing smoking inside but whenever they leave any damage or smell is paid for by them.

    -Matt

  • Rental Property Investor · NJ CT, Long Distance · Member since 2021 · 37 posts · 20 votes
    5y

    @David A Lisowski

    I tend to agree here. Maybe make a joke about it in the STR listing. "Great local neighborhood, some times you may even have a hint of 420 in the air. Hey it's Seattle after all" lol

  • Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
    5y

    @Doug Webb

    You could make your place 420 friendly. That could solve your problem, now your guests will expect the smell.

    An alternative, you could ask your tenant to smoke elsewhere or see if they can eat edibles instead of smoking.

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