Tenant marijuana smoking nuisance

[Brooke Roundy]

I have a four unit building in Cleveland, one unit is an STR listed on Airbnb and the rest are LTRs. One of my LTR tenants is a heavy marijuana smoker and the smell is invading my Airbnb. I have now received numerous complaints and it is impacting my rating. My LTR lease does not say no smoking inside. I know which tenant is causing the problem (although might be difficult to prove it's one tenant over another), and I know I cannot evict for illegal drug use because weed is legal in Ohio, so I am looking for other remedies. Has anyone dealt with something like this before? (and yes I understand this will not constitute legal advice, just gathering information). Thank you!

[Russell Brazil]

Just ask him to smoke outside so he it doesn't bother the other tenants. Every tenant I've asked to smoke outside has been cool with it.

[Brooke Roundy]

Thank you for the suggestion. I just asked my property manager to ask them to smoke outside. 

[Bruce Woodruff]

And if he does not, then you can go for the 'Quiet Enjoyment' covenant.

https://www.payrent.com/articles/quiet-enjoyment-a-tenants-r...

[Wesley W.]

This is a great time to update your lease to (a) a month-to-month contract, so that you can ask anyone to leave if they are messing up the feng shui, and (b) add a non-smoking clause.

I have written extensively on the merits of MTM leases here on BP, so you can read about my rationale if you'd like.

Here's my non-smoking clause:

SMOKING: Smoking is prohibited inside your unit or in any interior common areas. This includes marijuana as well as electronic cigarettes (i.e. “vaping”). You agree to pay an additional $200.00 lease violation fee each time we determine, at our sole discretion, that smoking has occurred in your rental unit, due as Additional Rent. Payment of this fee by you does not represent a waiver by us for this breach of the Lease. Smoking leaves soot and deposits, so an additional cleaning/remediation fee of at least $250.00 per room/area will be charged if we determine that smoking/vaping has occurred. Any cigarette butts from smoking outside by you or your guests must be picked up and properly disposed of.

Credit to @Nathan Gesner and Andrew Schultz for some of the verbiage.

[Jim K.]

I'd do what @Wesley W. is suggesting. But then again, I'm just sick and tired of the smell of weed coming out of my apartments, as it is so very closely related to late rent and other habitual-loser shenanigans.

[Nathan Gesner]

I agree, but I wouldn't ask. I would give him a written notice that the smoke is damaging my rental and annoying the neighbors. Require him to smoke outside, at least 10-15 feet away from any of the neighbor's doors or windows. If he refuses, terminate his lease and get him out.

Change your lease to include a "no smoking" clause. I don't allow tenants to smoke any substance, or vape, inside their units, garages, or outbuildings.

[James Wise]

Quote from @Brooke Roundy:

I have a four unit building in Cleveland, one unit is an STR listed on Airbnb and the rest are LTRs. One of my LTR tenants is a heavy marijuana smoker and the smell is invading my Airbnb. I have now received numerous complaints and it is impacting my rating. My LTR lease does not say no smoking inside. I know which tenant is causing the problem (although might be difficult to prove it's one tenant over another), and I know I cannot evict for illegal drug use because weed is legal in Ohio, so I am looking for other remedies. Has anyone dealt with something like this before? (and yes I understand this will not constitute legal advice, just gathering information). Thank you!

I think you'd be better served to turn the STR unit into a long term rental. I'm not really a fan of mixing the two types of rentals in the same building. So many problems arise out of the fact that the units are being used for totally different purposes. If not this problem, there will be another one down the line.

[Michael Smythe]

@Brooke Roundy rookie mistake not having a no smoking clause in your lease.

Why isn't this covered by your PMC's lease?
---If they don't have it their lease, it's a sign they don't know what they are doing!

Hopefully, you have a clause in your lease that states the tenant must return the property back to you in the same or better condition as they received it.

You may be able to use this clause to warn the tenant to smoke outside or face damage charges as smoke damage is not normal wear & tear.

[Dan H.]

I do not accept tenants that smoke.   Smoking is not a protected class.   

I had 2 units catch fire due to a discarded cigarette.  It took a full year to repair the damages.  

in addition, smokers will say they will smoke outside but for a variety of reasons (bad weather, everyone else is inside, it is more comfortable inside, etc) end up smoking inside.  Abating the odor (tobacco and Marijuana) is costly and time consuming. 

So 1) no tenants are smokers 2) all smoking guests must smoke outside.  

Best wishes

[Brooke Roundy]

All great suggestions and replies, I appreciate everyone’s input. I have some changes to make. Always learning!

[Alecia Loveless]

@Brooke Roundy I have a couple of youngsters as tenants that have never rented before in my 4 plex. Every now and again another tenant who is a respected doctor complains of marijuana smell coming through the walls.

Just the threat of eviction is enough to get the youngsters to not smoke it in their unit for 4-5 months. Then they mistakenly think just a little won’t hurt and we repeat the process.

They are GREAT tenants otherwise and pay on time every month. When I’ve been in their unit for inspections and various things there is no smoke smell so I know it’s a once-off thing usually.

I’d recommend a written notice with the threat of eviction.

[Scott Mac]

Quote from @Brooke Roundy:

One of my LTR tenants is a heavy marijuana smoker...

 Tell him to go sit outside with it.

I doubt this individual would want to go to court over anything.

Just because it's legal doesn't mean you can bother others with it.

The stench of his drug addiction bleeding into other units should be addressed immediately.

The way I look at it, a parallel might be a renter has a right to play music on a radio inside the unit, but if he turns it up super loud and it bothers others- that should be stopped also.

Good Luck!

https://www.youtube.com/watch?v=_v39JQZ_tyw

[Brooke Roundy]

It’s funny that everyone here assumes the tenant in question is a man. In fact it’s a sweet young lady. Other than the smoking, she’s actually really nice. I’m hopeful she will make a change once we address it with her, and if not I will take action as suggested in previous comments. Thanks everyone for you input, so helpful!

[Bob Stevens]

Quote from @Brooke Roundy:

I have a four unit building in Cleveland, one unit is an STR listed on Airbnb and the rest are LTRs. One of my LTR tenants is a heavy marijuana smoker and the smell is invading my Airbnb. I have now received numerous complaints and it is impacting my rating. My LTR lease does not say no smoking inside. I know which tenant is causing the problem (although might be difficult to prove it's one tenant over another), and I know I cannot evict for illegal drug use because weed is legal in Ohio, so I am looking for other remedies. Has anyone dealt with something like this before? (and yes I understand this will not constitute legal advice, just gathering information). Thank you!

 What do you think you should do ? Also why are you doing Airbnb? Is the extra few bux a year worth it? 

[Brooke Roundy]

Kindly ask the tenant to not smoke inside is my approach which I outlined above. I’m doing Airbnb to increase my income on the property, and yes it’s worth it. That could change, but as of now, it’s a good strategy for my property. From your question I get the sense that you aren’t a fan of Airbnb. If that’s the case, why not?

[David Leggett]

This is a fascinating topic to me since they just legalized marijuana in Ohio and I feel like tenants will be way more open about their marijuana use because of it.  I definitely don't agree that everybody that smokes marijuana are losers and habitual drug addicts like some people on here are commenting.   I definitely don't think my dad with prostate cancer and uses medical marijuana for his pain is a loser or drug addict, but that's a different issue. 

But when living in such close proximity with other tenants, they really need to be considerate on how it's affecting others.  I think your strategy by just trying to ask respectably is the best way to go here and then you can elevate things if necessary if they're continuing to disregard the non-smoking clause.

[Brooke Roundy]

Hi David, thanks for your comment. I also find it interesting how to navigate recent legalization and tenancy. I am super supportive of legal marijuana use, just not when it negatively impacts my other tenants and business. This is on me for not having the appropriate lease language in place, so I have to figure out how to fix it. It’s a good learning experience for me, and I’ve really appreciated everyone’s input including yours. I myself was a renter not too long ago for my primary residence and I often resented that my landlord could control my actions through their legally binding rules. But that’s the way it goes. 

[Mary Smith]

I totally agree with every word @David Leggett said. But I feel like having an open, honest conversation with your tenant should help resolve the issue.

[Katherine Chinelli]

Quote from @Wesley W.:

This is a great time to update your lease to (a) a month-to-month contract, so that you can ask anyone to leave if they are messing up the feng shui, and (b) add a non-smoking clause.

I have written extensively on the merits of MTM leases here on BP, so you can read about my rationale if you'd like.

Here's my non-smoking clause:

SMOKING: Smoking is prohibited inside your unit or in any interior common areas. This includes marijuana as well as electronic cigarettes (i.e. “vaping”). You agree to pay an additional $200.00 lease violation fee each time we determine, at our sole discretion, that smoking has occurred in your rental unit, due as Additional Rent. Payment of this fee by you does not represent a waiver by us for this breach of the Lease. Smoking leaves soot and deposits, so an additional cleaning/remediation fee of at least $250.00 per room/area will be charged if we determine that smoking/vaping has occurred. Any cigarette butts from smoking outside by you or your guests must be picked up and properly disposed of.

Credit to @Nathan Gesner and Andrew Schultz for some of the verbiage.

 Totally using your non-smoking verbiage! Thank you! Fantastic.