Rental Property Investor · Alexandria, VA · Member since 2012 · 9 posts · 4 votes
Havent seen anyone reply on BP about the ramifications to landlords who dont want marijuana grown on thier property or in their rentals. I just bought a house in WA state, and with the passing of this law there is gray lattitude a mile wide for tenants to possess and use marijuana in my rental, which down the road could have legal liabilities on me as the landlord.
Now that its "legal", I dont think I have a right to evict someone unless I have it specified in my lease they are not allowed to have or use marijuana, but is that legal? The feds are dragging thier feet on any responce to the States rights to legalize it.
I'm not saying marijuana shouldnt be legal or not, thats up to the courts to decide, but the states have created a total mess by legalizing the drug without the laws to define how/when its appropriate (ie sobriety test while driving...).
Those of you landlords WA/CO (or CA/OR for that matter) doing to address this issue?
People who smoke, drink alcohol or use recreational drugs are not protected classes. You can prohibit marijuana just like you can prohibit alcohol. Lots of landlords don't allow alcohol. My questions are 1) why bother? and 2) how would you enforce such a policy?
The legal issues of possession and purchase in WA will get worked out in the next year as the state was required to implement and oversee govt regulated sales of marijuana. So a tenant wouldn't be in violation of state laws once they can buy it from a state regulated source. I have zero concerns about a tenant being in violation of federal laws when it comes to marijuana possession and use in recreational amounts at home. I'm guessing Sec8 in WA will have an issue. They will have to deal with the state vs. federal question as the recipients are getting federal money funneled through state programs.
You can put a clause in your lease that says no smoking, but you would have to prove they were smoking. Most leases also state the tenant cannot engage in criminal activity at the rental, and possession is still illegal federally. It may be easiest to just keep your tenants on month-to-month leases and you can give them notice if you suspect they are breaking your rules. I wouldn't worry about this too much, it seems unlikely the federal government will target individuals privately using marijuana, just make sure your tenants aren't turning your property into a grow house. Someone smoking tobacco in your unit would cause at least as much damage.
People who smoke, drink alcohol or use recreational drugs are not protected classes. You can prohibit marijuana just like you can prohibit alcohol. Lots of landlords don't allow alcohol. My questions are 1) why bother? and 2) how would you enforce such a policy?
The legal issues of possession and purchase in WA will get worked out in the next year as the state was required to implement and oversee govt regulated sales of marijuana. So a tenant wouldn't be in violation of state laws once they can buy it from a state regulated source. I have zero concerns about a tenant being in violation of federal laws when it comes to marijuana possession and use in recreational amounts at home. I'm guessing Sec8 in WA will have an issue. They will have to deal with the state vs. federal question as the recipients are getting federal money funneled through state programs.
I've never heard of a landlord banning alcohol in my life. I've heard of roommate/shared living settings and dorms banning it though.
I would ban smoking of any substance, including tobacco, marijuana, electric cigarettes, hookah, pipes, etc. Smoking tobacco is legal, but I ban it. Period. I would do the same with marijuana. It's my property. I ban smoking of all types.
If someone has "medical marijuana," I have no idea if I would be forced to accept it. I certainly hope not... smoking of any kid smells, leaves residue, and risks potential fire.
The DEA will reserve the right to seize real estate regardless of state laws. Maintaining the "Prohibition of any illegal activity" clause will help the landlords case should a problem arise with the Feds.
I've never heard of a landlord banning alcohol in my life. I've heard of roommate/shared living settings and dorms banning it though.
I'm guessing your life hasn't been that long or that you haven't been in the rental market much. Or tried to rent in Utah lately. Again, the question is enforcement. What does no alcohol mean? No cooking sherry on the premises? It's silly but it's not protected, so LL can ask whatever they want.
I rented a vacation rental in Miami Beach where the landlord banned broiling. According to the little sign (one of about two dozen), the building supervisor could detect broiling and would kick you out on the spot if you did. The reason was exactly the same as for banning smoking. So, landlords do certainly ban all sorts of crazy things.
Banning alcohol just isn't the norm in most rentals across the board. Utah rentals banning alcohol makes sense-- Mormons don't drink, and Utah = many Mormons. I'm not sure why one would ban alcohol in apartments or single family homes, unless the idea is to discourage partying there and/or drunk driving. Banning smoking is much more common across many states. Sure, a property owner could ban alcohol, smoking, pets, pools, trampolines, candles, non-working cars, and so on. Broiling is a new one. Stove fires are common...
Regional differences are amusing. Some cities would be up-in-arms with an apartment alcohol ban. You'll never find such a ban in a non-collegiate NYC apartment. Not in most East Coast cities, in fact. Tons of smokers whined when some NYC apartments starting going non-smoking. If you take away their alcohol, I can't imagine what they complaints would be like. If you're in, say, Salt Lake City where there's a religious aspect, people would possibly even applaud an apartment alcohol ban. Go to Japan and indoor shoes are out.
The DEA will reserve the right to seize real estate regardless of state laws.
While I suppose this is possible, dispensaries and grow houses have been operating very openly here for some years. I never thought I would see business openly advertising weed, including prices, they are plentiful. If the feds were going to sieze these properties, it would have happened already. Perhaps this recreational business will tip them over to taking drastic action. Perhaps they will give up completely. Its a guess at the moment.
Banning alcohol as a house "rule" is not common, but I've sure seen it. Especially in 1-4 units with the LL living in one of the units. It's possible there is a quiet enjoyment violation when trying to get compliance on such a ban. Regardless, I don't see anything in the federal housing laws prohibiting a landlord from advertising that they ban alcohol on their property.
As for marijuana use, what is it we, as LLs, are looking to do? Ban smoking of it? Or the use of it? Or the growing of it? LOTS of marijuana users don't smoke. So it will be legal to purchase a recreational amount and bake/cook with it, or buy already prepared goods. Are we going to ban the possession and consumption of pot brownies? Are leases going to have to specify "drugs and substances defined by the federal government as illegal"? What agency would you call when you have tenants that are in violation and what courts are going to hear these cases in WA? The police can't write a citation for legal possession and consumption of a recreational amount as it's not a crime. Are you going to call the DEA or the FBI?
I'm very interested in how this will play out with Sec8. The recipients can be denied assistance or their assistance revoked if they are using illegal drugs (per HUD rules). Who and what will determine what is "legal use" for a Sec8 recipient in WA.
IMO, we need to speed through this process with legalization in all states just to make sure that the feds and states aren't at odds.