@Patrick Bavaro
A few things here. before you end up being sued I’d pump the breaks on serving him with anything about doing drugs in the home. Equal housing laws state that you can not stop anyone from renting for past drug convictions or addictions. That being said I believe it also protects current tenants. They consider addiction a disability and it’s protected. I’d speak to an Attorny before giving him anything. You can get him on drug dealing if you catch him in the act. But smoking weed I just don’t see anything even if he doesn’t have a card. Most places including Miami are decriminalizing it anyways.
Just ask him to smoke outside away from the building. I know attorneys, doctors, ceos and more who all smoke marijuana. Its legal in all but a few states and just isn’t a thing anymore.
As far as changing a yearly lease to a month to month what are you trying to achieve? They both have the same 30 day notice for evictions or termination. Only week to week in Florida allow a shorter notice.
Yearly is 30 days. Monthly is 30 days. Weekly is 7 days.
Unless you’re just trying to find a way to get rid of him. And keep in mind anything you do can be used against you. He could easily show the change from yearly to monthly as intent to evict and circumvent the lease protections. Bad for you good for him.
Not sure what others said but if someone smoking weed has you this distressed you may want to get out of being a landlord. I’m not trying to be negative but a tenant has the right to their own life. They should be free to come and go as they please. I live with 4 friends. 3 of them go in and out to smoke every 20 minuets all day and night long. Writing this I’ve heard the door open and shut 3 times. They are just smoking which could easily just be what he’s doing. So as mentioned above in one post I read be careful with the camera and all that.
If I was in your shoes I’d just say hey, I’m not a smoker and it bothers me would you mind smoking somewhere else and don’t forget there’s no smoking allowed inside at all.
Eviction ban. Be careful here also. Besides the fact you haven’t said anything that he can or should be evicted for the ban is across the board. We have 3 people every month who don’t pay. Nothing we can do. Technically from what I read you’re not allowed to even send a notice. Nothing can be started at all until the ban is lifted.
Good luck.