Duplex and marijuana problems

[Sean N.]

I bought a duplex about 4 years ago. I inherited one tenant that has been there for 28 years but they started smoking marijuana last year. I have a strict no smoking policy. Michigan allows us to say no to the usage even if it’s medical. I’m really concerned since the tenants next door has 3 children under 12 years of age.

Even though they are month to month I always review in March. I gave them a 30 day notice. They are crying and screaming that I can’t evict them or refuse to renew their lease using the “I’m disabled card”.

I feel I have the right due to the lease violation and their term is up.

Does anyone know a good attorney in the Grand Rapids, MI area?  I know they will put up a fight.

[Phillip Austin]

@Sean N. For a tenant who has lived there for 28 years, I'm not surprised they're upset after receiving a 30 day notice of non-renewal regardless of the marijuana issue. It would have been wiser to have an honest and open conversation with the tenant letting them know you plan to renovate their unit or something of the like. Now, you've pissed them off and it sounds like there's a high probability they won't leave within the 30 days. So, yes, you will need a local eviction attorney.

You could have said, "Although you're on a MTM lease and I only need to provide a 30 day notice, I want to give you ample time to find another home. I'm willing to offer you 60 days to do so. I plan on renovating your unit and increasing rent." 

Now, you're in a situation that will most likely evolve an eviction which will inevitably cost you more.