Marijuana legalization is growing and medical marijuana is allowed in most states. As the laws revolving around marijuana change, the stigmas surrounding marijuana use are similarly changing, which means that marijuana use is becoming more widely used. For this reason, it is important for landlords to understand how your tenants smoking pot can impact your rental property. Even with the increase of marijuana legalization, there are no laws that require landlords to allow marijuana use in their property. However, prohibiting marijuana use should be explicitly stated in the lease, because if it isn’t considered a lease violation, it likely won’t be considered grounds for eviction.

Smoking in a Rental Property

Smoking inside of a building, whether it is tobacco or marijuana, causes damage to the walls, carpets, furnishings, and other fixtures. Many landlords prohibit smoking inside of the building. However, landlords may allow smoking outside of the building to prevent potential tenants from seeking alternative housing options.

Benefits of Allowing Marijuana Use

Completely banning marijuana use may limit the potential pool of tenants. By allowing marijuana use, or even partial marijuana use, you can increase the number of possible tenants. This can prevent your property from remaining vacant for prolonged periods. Additionally, banning medical marijuana use may be considered a discriminatory practice. Whether or not you agree with the use of marijuana, it does have many benefits to your rental property.

Partial Use Addendums

You may use an addendum to detail your rules regarding marijuana use on your property. This addendum is a separate page that details your reasons for any bans on marijuana use. It can also be used to describe any partial bans, such as allowing the use of edibles or pills, but banning the use of smoking or vaping marijuana.

Whether you choose to allow pot consumption on your property is entirely up to your own discretion. However, if recreational marijuana is legal in your state, you will need to explicitly prohibit it if you wish for it to be banned on your property. The laws in your state will impact the necessity for these decisions. To learn more about dealing with marijuana use on your property, contact us at the Keyrenter in Silicon Valley today.