First-Time Landlord Dealing with Tenant Smoking Weed – Need Advice (MA, Section 8 Ten

[Bala Nagarajan]

Hi everyone,

I’m a first-time landlord in Massachusetts, living on the second floor of my two-family home while renting out the first-floor unit to a Section 8 tenant. I’m facing a really frustrating and stressful situation with my tenant smoking weed inside their unit.

Despite multiple warnings—including phone calls and an official email on lease violation—the tenant continues to deny smoking and claims I am harassing them. They argue that they also have kids (including a 1-year-old) and that their son has asthma, so they "wouldn’t be smoking." However, the smell of marijuana is strong and consistently seeps into my unit, making it difficult for my family to use our living space. The biggest issue is that my two young children are being woken up at night due to the odor, affecting their sleep and overall well-being.

Since verbal and written warnings haven’t worked, I’m considering hiring an air quality inspection to provide documented proof that they are smoking cannabis or any kind. Would this be helpful in either:

1. Getting them to stop smoking? 
2. Using it as grounds for an early lease termination?

Given that this tenant is on Section 8, I want to ensure I follow the right steps without violating any laws. Their lease ends in June, but I don’t want to wait that long if this continues to impact my family’s health. Has anyone dealt with a similar situation, and if so, what worked for you? Any legal insights or practical solutions would be greatly appreciated.

Thanks in advance for your help!

[Wesley W.]

You're the owner and it's your rule.  They can gaslight you, but that is just a distraction.

They actually sell wipes to detect pot residue on walls, but I am not sure if they work and I would not spend the time or energy in engaging in establishing "proof" - you'll put up walls and they'll just dig more tunnels.

Instead, I would:

Contact their case worker ASAP, cite the behavior as a lease violation with her, and state that in addition to it being a breach of lease, it is creating health concerns for your family.  If your inital contact with the HA is on the phone, I would follow up with an email or letter, memorializing the conversation in writing.

Next, the very next time it occurs, formally issue the tenant a lease violation (i.e. notice to cure) as per your local/state statute and CC the case worker.  Make sure you serve the notice properly.  Consult an attorney if necessary.

After the initial notice, EACH time there is an additional incident of smoking, send another violation.  Build a case to file for eviction for lease violations.  It is often difficult to evict for lease violations in places like MA.  Consult your attorney.

Minimally, you should not renew this person's lease.  I don't care of they stop this tomorrow.  They've already shown you who they are.  Listen to them.

Meantime, tighten up your lease so it's very clear they cannot smoke anywhere on the premises (inside or out), and I STRONGLY consider only offering MTM leases in left-leaning jurisdictions, as a term lease only emboldens a bad tenant and obligates you.  I've written extensively about this topic here on BP.

Good luck!