How Marijuana Affects Your Rights as a Landlord

As different forms of marijuana use are becoming legal across the United States, landlords are having to figure out what they can and can’t restrict when it comes to renting out their properties. Do landlords have the ability to make rules in regards to marijuana? According to a REALTOR®Mag article released this past April, landlords have been figuring out what they can and can’t do. (Click here to read the full article.)

The most important thing for landlords to do is stay up-to-date on new laws and regulations that are coming out about marijuana use. Staying informed will be the best way to avoid legal contention. But here are a few things to know and be aware of:


Lease Agreements: According to the REALTOR®Mag article, “Landlords and property managers are not required to accommodate recreational pot use under state laws, but they may choose to make some exceptions for tenants who use marijuana for medical purposes.” Don’t worry. You haven’t lost complete control of what’s used inside your building. Decide what you want to allow and don’t want to allow and be sure to include it in your lease agreements. Make it very clear. If marijuana isn’t legal in your state, you don’t necessarily need to mention it in your lease agreement. 

As of now, you’re still legally allowed to evict tenants who don’t follow your lease agreement, and that includes marijuana use. 


Specify: Be specific with what you want to allow and don’t want to allow. How do you feel about smoking (any substance)? Make sure to specify what kind of consumption you’ll allow. If you don’t want marijuana used at all, make sure to state that no form of consumption is allowed. What about growing marijuana? Even if you limit the use of the drug, if you don’t want it grown either, make sure you make that known. Make sure you’re clear on all aspects.


Publicizing: If you’re all for giving marijuana rights to your tenants, be weary of making it widely known. Doing so could result in questionable renters. Do you want a bunch of partiers (who claim they need medical marijuana) hosting house parties? Be aware of what could result from you spreading the word of your tolerance to the new laws. Discussing this with tenants on a case-by-case basis may be best. (Click here to read more about this.)


Hopefully you found this information helpful, but the best advice we can give is to stay informed on this topic. 

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