Weed and junk cars?

Question

We’ve got one tenant smoking weed in their apartment regularly. We’ve told them to quit, left nice notes, and have had the sheriff knock on their door (didn’t answer even though they were home). How do we get them to stop? Allegedly we can’t kick them out because of Covid. I’m in Minnesota, weed is not legal and the governor banned evictions.

We have a different tenant (same building) that seems to be hoarding junk cars that don’t run. Per the care taker that lives in the building, there is 3 junkers and one operational. They are taking up other tenants spots. We’ve asked nicely, left nice reminders, and asked very firmly to remove them. They keep saying they will move them soon. It’s not happening. What’s my angle here? Can I have them towed at owners expense?

Thanks in advance!

Jared Tillery · Answer

I had the same issue with a tenant.  They flat out denied smoking weed even when I could see the smoke behind them.  The reality is you cannot force people to live how you want them to live but you shouldn't make a habit of tolerating the behavior when its a violation of the lease. Its a slippery slope.  With that said, threatening people with consequences only breads resentment.  What I did was talk to the tenant and explain to them that they are great tenants and I enjoy having them but I cant allow it because its a safety issue. If its a problem, I would let them out of the lease but either way I wouldn't renew the lease if they continue smoking. I explained this in person and gave them a letter for documentation.  The tenant stopped smoking but opted to move out at the end of the lease. When they moved out I found they removed the batteries from all the smoke alarms. Many times when you see tenants break one rule, there are other rules they are breaking you dont see. But dont forget to treat them like people.

Enrique Huerta · Answer

Most places are allowing evictions for tenants that break lease rules. Not sure about MN but you should consult with an agent, manager, or attorney.

As for the parking, I would just tow their cars.

Account Closed · Answer

@Andrew Carlson

Punt the potheads and tow the derelict vehicles. No uninsured vehicles allowed, write it in your lease. And if they’re insured, your assigned spot is ____, no parking outside there.

Michael Robbins · Answer

@Andrew Carlson what does your lease cover regarding the smoke and the vehicles?  I am a property manager in Las Vegas and my leases go over smoke creating a nuisance to neighbors and vehicles must be operational.  I have had non-operating vehicles towed at the tenants expense before (after many written warnings).  If your rental property is in an HOA you might consider contacting the HOA and have them tag the non-operational vehicles.  The city ordinances might also have some regulations on the cars.

Sam Horton · Answer

@Andrew Carlson Covid evictions are banned for any tenant that can prove hardship as a result of covid through job loss, sickness, etc. That being said I believe the moratorium expired 10/17/20. I have not seen news of them extending it yet. Secondly, weed is legal both for medical and recreational use in Mass. If the language is not in your lease regarding smoking then you may have an issue there. Regarding the junk cars, depending on what town you are in, the town themselves could start fining you as the owner for zoning by-laws (I've seen it in my town). I'd see council and see what you can do to remove the cars and to begin the eviction process for the weed smokers.

Colleen F. · Answer

You may even have a town or state ordinance regarding unregistered vehicles. Check your laws on towing and send them a notification with the law on towing unregistered vehicles cited. Then get a company to tow.  You can also post signs and send a notice to all tenants and in your lease include a number of cars limitation.

For the weed smoker. You can prohibit smoking but like regular smokers they smell like it all the time so it is hard to confirm they are smoking at the property. You can try an eviction for illegal activity since it isn't legal at all in your state.

Karla Simmons · Answer

@Andrew Carlson

Are you sure the governor banned evictions for any reason? It might just be for non-payment due to reduced hours or job loss. I would look into that.

Nathan Gesner · Answer

Your problem is that you're writing "nice notes" instead of adhering to the lease agreement.

Smoking of any substance - legal or illegal - is not allowed in the rental. Give the tenant a written warning that gives them one week to clean the rental and submit to an inspection. If things are not up to snuff or the tenant has another violation, give them a 30 day notice to vacate. The eviction moratorium is on non-payment of rent only; it does not prevent you from terminating for lease violations.

As for parking, you should have a clause in your lease that limits parking to operational, licensed vehicles. No boats, trailers, recreational vehicles, project cars, etc. Even if your lease doesn't have this, you can and should give the renter notice and demand they remove the vehicles within one week or you will have them towed. Then do it.

Filipe Pereira · Answer

@Andrew Carlson This is a growing problem at some of our rental properties because MA has now become "pot friendly". So friendly that there's billboards on the highway promoting weed dispensaries. I never thought I'd see anything like it in my lifetime. Honestly it's pretty hard to do anything about, and it really comes down to screening to make sure these kind of tenants don't get into your buildings in the first place. I understand that you may have inherited the tenants, and you may be forced to keep them until their lease is up as well, because many landlords don't have a leg to stand on right now as we are facing eviction bans from Governors and the CDC.

On the junk cars front, do something similar to what @Noah Chappell mentioned. If you have a p.m., go that route, but if you don't, notify the tenants that effective of ex-date they cannot have any unregistered or uninsured cars on the property, and that any cars that meet either criteria will be towed.

Edit - some towns have ordinance officers - they drive around looking for out of state plated vehicles that aren't registered to the property they the owner is living at. In Springfield they bill the owner. If that's the case in your market, you may be able to use that as a reason to have their car removed.

Nam Trang · Answer

Definitely ask them to smoke outside — it's polite and civil, and will help them maintain respect for the property and you. However, if they don't do it and are jerks about it, raise the rent when their lease is up. If they choose to continue living there, the extra rent will cover any damages from continued smoke. If they move out, then you can get a new tenant and include a smoking clause in their lease.

Weed and junk cars?

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