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Updated over 8 years ago on . Most recent reply

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Cheryl Crockett
  • Real Estate Investor
  • Baltimore, MD
35
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63
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2nd Hand Marijuana Smoke where Pot/Weed is Legal

Cheryl Crockett
  • Real Estate Investor
  • Baltimore, MD
Posted

This question was inspired by the discussion entitled "Caught Tenant Smoking Weed" started by @Faisal Farnas

As marijuana becomes legal in more U.S. states, many landlords and homeowners will find themselves facing this scenario.
What would you do? A neighbor who now can legally smoke pot, in my city/state, is smoking inside their house (or unit) or outside on the front or back porch. The smoke drifts onto the porch or balcony and into the unit or property next door, disturbing a neighbor who doesn't smoke. On the other side, a neighbor has a medical condition that requires them to use an oxygen tank. These tenants complain to you because they can't call the police, and when  they protest to the smoking neighbors, it brings only silence and angry looks.

One neighbor is adamant about exercising their legal right to smoke weed in and around their home, while the other neighbors want to breathe clean air in theirs.

I'll appreciate your responses and advice because this is based on a true story.

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Every tenant has a right to the reasonable enjoyment of their home. Whether it is regular cigarette smoke or Marijuana if it is disturbing a tenant you ,as the landlord, have the authority to prevent the smoker from disturbing non smokers.

No one has a right to disturb others and landlords have the obligation to insure that no tenant is disturbed. If someone is being bothered by the smoking, or any other activity, of another tenant and that tenant refuses to respect a request to stop disturbing others the landlord has the right to evict. 

It is the right of all tenant to have reasonable enjoyment.

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