Smoking weed in the unit
Member since 2023 · 8 posts · 1 vote
Smoking weed in the unit
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Alecia LovelessPro Member
Member since 2019 · 3k+ posts · 2k+ votes@Simon Says I am having this problem in a new building with some inherited tenants.
I have drafted a No Smoking Policy in the form of a letter to be sent out to all my tenants and to be provided to new tenants. It specifically states that all my buildings are no smoking and that includes cigarettes, pipes, tobacco, vapes, marijuana, medical marijuana, and any other smoking products.
I direct any smokers to go outside the building 10 feet away from all entrances.
I also mention that they will receive one warning and the second time eviction proceedings will begin.
I state there is a 0 tolerance policy for smoking in the buildings.
7 Replies
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3y
Aloha,
Depends on the actual verbiage of your Rental Agreement, but "NO Smoking" means no smoking...of cigarettes, pipes, lawful medical marijuana (they can get edibles), ditchweed, or any other tobacco products, and they would be in violation of the terms as stated. What does it say regarding remedy for violations? Probably a written notice with specific language and period of time to comply; possibly a fine if provided for in the Agreement or House Rules. Check local LL/Tenant law for options for repeated violations.
- 3yAlecia LovelessPro MemberMember since 2019 · 3k+ posts · 2k+ votes
@Simon Says I am having this problem in a new building with some inherited tenants.
I have drafted a No Smoking Policy in the form of a letter to be sent out to all my tenants and to be provided to new tenants. It specifically states that all my buildings are no smoking and that includes cigarettes, pipes, tobacco, vapes, marijuana, medical marijuana, and any other smoking products.
I direct any smokers to go outside the building 10 feet away from all entrances.
I also mention that they will receive one warning and the second time eviction proceedings will begin.
I state there is a 0 tolerance policy for smoking in the buildings.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Simon Says:
Anyone know what to do if the tenant is smoking weed in a non smoking unit?
Your written lease should say something about this.
My policy is that there shall be no smoking in the rental, garage, or outbuildings. If it's a multi-family, they have to smoke at least 10 feet away from doors and windows of the neighbors.
If they violate the rule, there's a $200 fine and they'll pay for any additional cleaning or repairs required.
The DIY Landlord Book4.7243 Reviews - Meriden, CT · Member since 2018 · 704 posts · 501 votes3y
@Simon Says - you have to be firm with tenants especially when starting out or they will walk all over you. Check your lease. As a PM company in the state of CT, here is what my lease says:
24. SMOKING/VAPING PROHIBITED: No smoking or vaping is allowed in or on the Premises, including but not limited to any common areas. Tenant will be held responsible for smoke related damages and/or painting, deodorizing, vent cleaning, etc. to eradicate the damage or smell. If tenant is found to have smoked in Premises, Tenant shall be charged $XXXX as liquidated damages to Landlord, and $XXX as a Smoking Cleanup Administrative Fee to Broker, it being hereby agreed that the actual cost of repairing said damage is difficult to predict, and this amount is a reasonable estimate of Landlord's damages and shall not be construed as a penalty.
DM me if you would like to discuss this further. - Member since 2023 · 8 posts · 1 vote3yThis is amazing advice. I have been using a realtor to get started and his contract but we allowed a person in with good background and credit and job and everything and she’s turning out to be extremely tough. She’s a school vice principal and smokes weed around her kid but if a spider comes by she’s calling me. She threatened to use an exterminator and not pay rent which she tried last month as well and the HOA is responsible for outside and they sprayed but she’s not cleaning the inside. She left a huge spider in its web to show me but that was the only one in the house that I saw. I sprayed and as I went through I can see there is so much junk on the floor you can’t even get to the baseboard and they never wiped or sprayed the windows themselves. My contract doesn’t get into specifics on smoking or bug issues and I’m a beginner so now I know. There’s ashes on cardboard boxes, weed smoke the last time I was there they didn’t realize I’m part owner and thought I was just a hired worker so they smoked multiple times then abs now it’s ashes and candles. The webs and spider situation is them not cleaning and every mono she finds some reasons threaten the rent and she’s been late once and every other time it was right at the last hour in the 5 day grace period. She’s using fake generic overboard friendly texts with threats and verbiage that’s not true or in contract. She answers texts when she feels like it or she calls 5 times on a Sunday night. Not a great start so far and we are stuck in a 2 year contract.
Quote from @Richard F.:
Aloha,
Depends on the actual verbiage of your Rental Agreement, but "NO Smoking" means no smoking...of cigarettes, pipes, lawful medical marijuana (they can get edibles), ditchweed, or any other tobacco products, and they would be in violation of the terms as stated. What does it say regarding remedy for violations? Probably a written notice with specific language and period of time to comply; possibly a fine if provided for in the Agreement or House Rules. Check local LL/Tenant law for options for repeated violations.
- Meriden, CT · Member since 2018 · 704 posts · 501 votes3y
Quote from @Simon Says:
This is amazing advice. I have been using a realtor to get started and his contract but we allowed a person in with good background and credit and job and everything and she’s turning out to be extremely tough. She’s a school vice principal and smokes weed around her kid but if a spider comes by she’s calling me. She threatened to use an exterminator and not pay rent which she tried last month as well and the HOA is responsible for outside and they sprayed but she’s not cleaning the inside. She left a huge spider in its web to show me but that was the only one in the house that I saw. I sprayed and as I went through I can see there is so much junk on the floor you can’t even get to the baseboard and they never wiped or sprayed the windows themselves. My contract doesn’t get into specifics on smoking or bug issues and I’m a beginner so now I know. There’s ashes on cardboard boxes, weed smoke the last time I was there they didn’t realize I’m part owner and thought I was just a hired worker so they smoked multiple times then abs now it’s ashes and candles. The webs and spider situation is them not cleaning and every mono she finds some reasons threaten the rent and she’s been late once and every other time it was right at the last hour in the 5 day grace period. She’s using fake generic overboard friendly texts with threats and verbiage that’s not true or in contract. She answers texts when she feels like it or she calls 5 times on a Sunday night. Not a great start so far and we are stuck in a 2 year contract.Quote from @Richard F.:
Aloha,
Depends on the actual verbiage of your Rental Agreement, but "NO Smoking" means no smoking...of cigarettes, pipes, lawful medical marijuana (they can get edibles), ditchweed, or any other tobacco products, and they would be in violation of the terms as stated. What does it say regarding remedy for violations? Probably a written notice with specific language and period of time to comply; possibly a fine if provided for in the Agreement or House Rules. Check local LL/Tenant law for options for repeated violations.
You need to get her under control or get her out or hire a professional. Self managing property is not passive and it is not easy! DM me if you want to discuss things we do to get people under control.
- Member since 2023 · 8 posts · 1 vote3y
Thank you everyone for the advice. My current set up has been tough because my realtor is kind of checked out and he was positive this tenant was a gem so it’s been kind of tough because he thinks I blamed him for this but all I need is advice so I can get to the next one.
everything said here has been really thoughtful and helpful for my future contracts and for now. This community has been so much better than I ever knew. I feel as though I can go on with confidence because of all the great people here I’m totally serious. I’m a struggle teacher hoping for a way out of a 9-5. I hope one day to be on the podcast as a successful entrepreneur. If I ever do it will be because of people like you who post and help others get by.
Next investment property will be in Pennsylvania if anyone has any leads or ideas or contacts. Not right away probably unless there’s a real good setup and lender.
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