Bakersfield, CA · Member since 2016 · 2 posts · 0 votes
Hi everyone,
I have a property in California that my mother was living in. There was a room in the back of the house that she was renting out (bedroom and bathroom with private entrance). She got ill and passed suddenly. I came back to California and am getting her house ready to sell.
The lease states no smoking in the room and he has been smoking marijuana back there. The vents are connected and it reeks when he does it. He has been asked twice to stop, but he does it every single day. I am a female alone and I think he feels that I can't do anything about it.
Smoking medical marijuana is legal in California, but not recreational. I don't know if he has a medical marijuana card, but the lease states no smoking inside and no drugs at all. I told him that it gives me an instant headache and that I only have one lung. Still, he persists.
Can I evict him for this in the state of California? Also, if he doesn't stop after numerous times being told to stop, am I able to call the police on him for having drugs or smoking in my home?
Rental Property Investor · San Diego, CA · Member since 2015 · 96 posts · 59 votes
10y
*not an attorney* Even if medicinal MJ is legal, there are multiple ways in which it can be consumed. Tell them they can do edibles, but serve them a 3-day fix or quit for the smoking aspect.
Investor · Kaneohe, HI · Member since 2015 · 91 posts · 36 votes
10y
even if smoking marijuana is legal at the state level, its still a federal crime. try calling a federal agency to report him. that should get him to stop.
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
10y
If the lease forbids smoking in, or on, the premises, then that is what you enforce - whether he's smoking ganja, cigarettes or tea leaves is secondary.
Were the previous requests to cease in writing? If they were, it will make things easier. Regardless, you may be able to issue a written notice to vacate immediately for violating the terms of the lease; check the procedure in the California landlord / tenancy legislation to see if you must provide written notice and the opportunity to cure first.