All Forum Posts by: Account Closed

I'm not going to waste my time finding case studies for you. The fact remains, you cannot just say anything you want about anybody if it is not true. Its called slander and defamation. If you prevent somebody from getting the unit they wanted with your phone call by making false statements, they might just come after you if you said the wrong things. Don't assume just because it's verbal it can't be used against you, and may well have been recorded.

And no, it's not legal to be racist when you are a landlord. You can easily have a restraining order placed against you for that. In the united states, that means you lose your right to own a firearm, among other things. Not sure about Canada, but I don't really care either.

Based on the restraining order I was just granted, If I was black and my landlord called me the N word, I could get a restraining order based solely on that. For that matter if they called me a white cracker I could probably do the same. It's alarmingly easy to get a restraining order, and, nothing you say has to be proven.

Absolutely not true. There are NO statistics that link this. I dare you to post just one. Law enforcement does not believe this. When we were voting for marijuana legalization in Oregon, the local sheriff was the one on TV supporting the bill.

This is a made up statement uneducated people use to scare each other. By the same logic, we can say alcohol is a gateway drug, because most people drink a beer before they ever try pot. And with the same logic, we can assume that drinking water is a gateway to becoming an alcoholic, because anybody that is an alcoholic, probably drank water at some time in their life.

Furthermore, of all the states who have legalized marijuana, there is NO increase in the use of other types of drugs - in fact it has gone down in several places. This is a statistic that CAN be proven.

And the comment about the dog poop is just plain stupid. It has nothing to do with being a "pothead". I use a significant amount of medical marijuana and most people would say I am a clean freak, and my pets could not be better taken care of. I'm sure plenty of tenants have ruined flooring without ever smoking pot. I even have a 12 year old goldfish, they don't live that long if you don't take fantastic care of them.

That is absolutely NOT true. I don't know the specific law in Florida, but the two drugs are NOT treated the same anywhere in the US. There are different levels of illegal. Heroine is something that is almost always an automatic arrest. It is a seriously dangerous and addictive drug. If your tenants are on it they may start stealing things and breaking things. 

Pot, on the other hand, in small amounts, is not a serious offense. It rarely results in arrest if the person was not dealing and does not have a long history, and there is no reason it would jeopardize your property or other tenants in any way.

If neighbors were complaining and this person was constantly getting caught for the same thing, or selling drugs, that would be a different story. Get rid of them immediately.

And this is what you fail to understand: You cannot just say whatever you want. First, it has to be truthful. Then you need evidence to back it up. If you say bad things about somebody without evidence to prove it, you could be sued for slander or defamation. And yes, in some circumstances it is considered a hate crime (criminal offense) to use racial slurs against your tenants. It's not legal to be racist when you are a landlord.

Try explaining those racial slurs to the judge. It won't go very well.

You still fail to explain how this "jeopardizes the tenancy of all"??? 

I didn't say pot didn't have an odor. I said it's like a cooking odor. It is there temporarily and then it is gone. It does NOT sink into fabrics, carpets or other like things, and it does 

not leave yellow stains on the walls the way cigarettes do. It is a completely different type of smoke. 

As I said above, if you have foreign neighbors you might not care for the smell of that goat they are cooking for dinner, but the smell is not causing you or anybody else harm and it will be gone as soon as the room airs out.

It appears as though you know very little about marijuana besides what somebody else told you, personally, I have a significant amount of first hand experience. I'm actually quite an expert on the subject if you want to take this even further...

In my opinion this person was being both careful and courteous to other residents by taking it outside and not doing it within their unit. That really says a lot about it.

As a landlord you have the responsibility to tell your tenants they must follow the law. You have the responsibility to do something if a neighbor complains about drug use. You have NO responsibility to do anything if you catch somebody smoking marijuana outside their unit, especially if nobody else was involved and nobody made a complaint. You are not the police, and even the police likely wouldn't be very concerned.

You'll need to talk to the building department at the city or county. They can tell you what is legal to build and what is not. They may also be able to answer questions about a well on the property if there are records of it.

Tenants don't write the lease, period. Any tenant that thinks they can is probably a tenant you don't want to have. If you make any modifications to the prewritten lease you found, you should consult with a lawyer...if the tenant is requesting it, then the tenant pays for the lawyer.

Seems easier to just find a different tenant. If he's nit picking about things like that now, just wait until he gets in there.

With most people you could include a clause about how they have to buy you beer every friday and may only enter the house while wearing a pink dress - and they would still sign it. They wouldn't even read it.

It would be taken very seriously if you said the wrong things. Say a minority tenant is trying to get a new place, and the landlord calls you, and you say "no way, don't rent to that guy, he's a dumb (racial slur) and his friends are all gay!"

In that situation, it's very likely that you could get sued. You can't just say whatever pops into your head, even if you *think* what I said above.

Also, it's not hearsay if the conversation was recorded or there was another witness.

 Please do elaborate. How does one tenant trying to secretly smoke pot in the laundry room one time "jeopardize the tenancy of all"? 

What nonsense....*sigh*

Weed smoke does not hang around and cause bad smells/damage the way tobacco smoke does. How do I know this? I spend a lot of time in Oregon, and while I'm there, I smoke weed.(I've had a medical marijuana card for more than 10 years) It's not much different than the smells associated with cooking - you don't always like what the neighbors are having for dinner, but it doesn't hurt you if you smell it.

Literally, my doctor tells me to smoke pot. I've yet to find any side effects besides happiness and great sleep.

If this was an ongoing problem in a state where it is illegal, it might become a problem. A one time incident is not even worth talking about.

 Not a concern. When you get to court, all you have to say is the same thing you told the tenant: "I had a more qualified applicant".

The end.