Tenant is smoking weed what can I do?

Question

Short story for context.

Duplex, up/down.  Upstairs tenant does has not paid rent since I purchased home in Feb.  Started the eviction process in March, and due to covid the eviction date was pushed to July 8th (yay for me).

My downstairs tenant the other day asked if she could get out of the lease a month or two early, because the upstairs tenant is smoking weed so heavily (illegal in Virginia), that the smell is starting to come through downstairs tenants AC ducts, and she was two young kids. I am already in the eviction process waiting just a bit over a week now, my questions are:

Is there anything I can do right now?

If there is nothing I can do till Court, how can I better prepare for this?

Is there any way to have her escorted out of the property sooner than normal due to the illegal substance use and health affects on the tenants kids below?

Thank you, i have never dealt with a situation like this so anything helps.

Chinmay J. · Answer

I cannot give you exact advice, as I haven't looked at that part of the law recently. There have been some updates last year regarding marijuana use, as VA has started to become more and more liberal towards Marijuana..  I can, however, guide you in the right direction..

Here is what you need to do:

A) Ask a lawyer what the law states. Lawyer should know the most current law. The only thing I know is that with drugs in play, you don't need to provide any notice to the tenant. You can directly file for eviction.  Now with COVID situation, you have a different mess on your hands..

https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-virginia.html

B) Do not get involved in dispute between the two tenants. Just because the guy hasn't paid doesn't mean he is smoking weed. I have heard everything from weed smoke, to loud music, to roaches being reported by the tenant who is unhappy. If she smells weed, she needs to call the cops.

C) Do not try to evict them yourself.. Self help is the worst thing for landlord. You need to follow the legal process.

Nathan Gesner · Answer

Let it go. You're close to the eviction and then they'll be gone.

As for the downstairs tenant, I would try to convince her to stay and fulfill her lease. Explain it's not your fault and that you can't evict. If she is adamant, let her go. It sucks for you but you shouldn't punish her for something that's not her fault.

Joe Splitrock · Answer

@Shane Welch I would write up a lease violation detailing the incident. Both for smoke and illegal activity. This is just more documentation you can bring into court. I would also inspect their property ASAP and inspect it regularly until you are able to successfully get them removed.

If you are unable to deal with the smoke, let the other tenant break lease. This is not an inter-tenant dispute. Smoking in a non-smoking property is something you are responsible for resolving. I wouldn't want my kids breathing smoke either.

Just have the other tenant sign a document stating they are breaking lease due to marijuana smoke. You can bring that signed statement with you to court as further evidence of the hardship this tenant placed on you.

Jacob Price · Answer

We run into this situation from time to time, but unfortunately, there isn't much you can do. In Virginia as of Wednesday (7/1/20), Marijuana will be decriminalized. Recreational use is hardly on the radar of police in our area and I'm sure it's similar in yours due to the aforementioned changes that are taking place.

With that being said, here's what I would recommend.

Do exactly what the lease states... It is your lawful contract.

Continue with the eviction on the defaulted unit as that's really the only way you can forcibly remove them. You could try to offer 'Cash for Keys', but at this point, they may have read the multiple headlines telling them they do not have to pay rent due to COVID... Yay

As for the lower unit that is affected by their smoking, I'd encourage you to explain to them what you are doing and offer them suggestions to curb the issue until you are able to remove the upper unit. One of which would be carbon pleated air filters. We have had success with either offering these to a tenant or getting them to purchase their own to remedy the smell as the carbon media captures the odor.

An alternative option that we use is to allow them to vacate, but require them to continue paying the rent and utilities. They must move-out and leave the apartment in rent-ready condition, we then market the property and hold them responsible until it is rented again. This is a compromise that works out for both parties.

Best of luck to you in July, Virginia has not been kind to landlords during this period of time.

James De Stefano · Answer

Shane,  sorry about the upstairs eviction process, and It makes sense to try and salvage the downstairs tenant.

The first post by Chinmay seems to mostly address the issues .  As far as the health affects/ smell/ damage to the property,  it is a different product than cigarette tobacco, and is unlikely to linger or create any damaging issues once the upstairs tenant is removed.

Tenant is smoking weed what can I do?

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