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Can I Prohibit Smoking Marijuana In My Apartments In A Legalized State?

The issue of banning marijuana use in rental properties has always been subject to contention, especially if the federal, state and local laws have not banned marijuana use.  When a tenant signs a lease and establishes that the landlord has a no smoke policy for marijuana, the question therefore would be whether marijuana is legal or illegal in that specific area of jurisdiction? Of course landlords have a right to their property, hence they can decide not to allow a tenant to occupy their property. However, it is worth noting that tenants have their rights. The debate therefore is about which law is supreme in regards to cannabis use in rental properties. Is it the federal laws, state law or any other laws that apply to the housing industry? So can an apartment prohibit smoking marijuana in legalized state? What The Law Says Disputes between landlords and tenants are very common, especially when it comes to restricting marijuana use in apartments. The greatest challenge that many landlords face is dealing with a tenant who insists on their use of cannabis, regardless of the rules of the community.  However, such a problem can be dealt with during the initial signing of the lease agreement. The main argument among legal experts is that no landlord deserves to have their rental property not attract prospective tenants or, in the worst case scenario, have their property damaged through pot smoking. This is the reason why there have been cases in the past where tenants are......
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DEAR GABBY: Marijuana & Multifamily - What Do I Need to Know?

DEAR GABBY: Marijuana & Multifamily - What Do I Need to Know?
Dear Gabby, I’m really curious about marijuana and how it is affecting the apartment industry.  And what’s the deal with smoking pot in apartments? Is it ok to do?  Asking for a friend. Sincerely, #ItsAJointEffort     Dear #ItsAJointEffort, Please be sure to share this blog link with your “friend”.  This topic seems to be becoming more and more of a HIIIIIIGH priority discussion in the multifamily industry. Here’s what you need to know… If a police officer asks, “How high are you?” – don’t respond back with, “No officer, it’s ‘Hi, how are you?’”   I kid, I kid…. Most apartment complexes nowadays don’t want residents smoking anything (tobacco or marijuana) because it damages walls, carpets, etc. - not to mention that other non-smokers living in the buildings can be unwillingly subjected to secondhand smoke. The best policy for multifamily owners/managers: To have a non-smoking policy.  No matter which side of the fence you’re on regarding marijuana use, we all want the best experience possible for our residents. As most of us know, it can be difficult to identify a specific resident or apartment home that is lighting it up. It isn’t always obvious which apartment the smoke is coming from which adds to the difficulty in determining who is not playing by the rules. These days, most people have no idea what’s higher…phone bills, gas prices, or their neighbors. It can be increasingly frustrating and irritating for unwillingly exposed residents as they often times will become combative with the office staff that things aren’t being taken care of. T......
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Property Management and the Legalization of Marijuana

Property Management and the Legalization of Marijuana

 

Pilera PotVirtually every property management company has strict rules against the use of illegal drugs on their property. It’s a policy designed to keep everyone safe, to uphold community standards, and to ensure compliance with state and federal laws.

The anti-drug rule became a challenge, however, when medicinal marijuana became legalized. If a tenant had a valid prescription from a licensed physician, what could a property manager do besides make allowances for it? This, of course, led to situations of “Well if he can, why can’t I?” which are always a headache for property managers no matter what the subject.

Now with certain states legalizing marijuana and more trending that way, property managers are going to have to deal with a whole new set of issues. Will pot-friendly properties be the wave of the future? Will the growing of marijuana on the property be allowed? How will property managers deal with prospective tenants who don’t want to be exposed to marijuana where they live? How will property managers handle drug testing of their staff?

There are still a lot of questions to be answered with regard to legalized marijuana and property management, and as more states legalize, the situation will only become more complex. Forward-looking property managers should take the time now to decide their policies on this issue so they’ll be prepared when and if the time comes.

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