Detecting Marijuana Use in Rental Units

Marijuana laws in the United States have permitted the use of cannabis for medicinal and recreational use when at home in certain states. Most of the time, it's illegal to smoke marijuana in public, and it may be illegal in private quarters. It all depends on the state and regulations of your area. However, if you suspect that someone in your rental unit is smoking marijuana, there are ways to determine whether they are or not.

To help you with that, we have compiled some ways to help you figure out if a resident is using marijuana in their unit. 

Is Marijuana Allowed in Multi-Unit Dwellings?

Marijuana laws in the U.S. are a complex matter. In some states, marijuana consumption is legal. However, at the federal level, it is illegal. This brings about a conflict between the standards of the federal and state levels. Nevertheless, it is your discretion as a property owner to include a policy of not allowing a resident to use marijuana in their unit. If the contract states that it’s forbidden, the tenant must follow. Otherwise, it’s a lease violation.

Meanwhile, on a federal level, a strict no-smoking policy prohibits all forms of smoking — whether it’s tobacco or marijuana smoking for medical reasons. To be clear, this doesn’t mean people are prohibited from smoking; it’s still their choice. However, the law states that smoking in public areas, including public housing units or multi-dwelling units. Furthermore, the Housing Urban Development (HUD) released a memo that allows property owners to deny admission of tenants if they know they are using an illegal substance (like marijuana) at the time of application. It states that a housing unit’s premises should be enjoyed by other residents without any dangerous interference with their health, safety, or rights to a peaceful environment.

Why You Shouldn’t Allow the Use of Marijuana in Your Unit

Poses Health Risks to Other Residents

According to this report, second-hand marijuana smoke is harmful. The smell can sometimes seep into neighboring units, and it really isn't a pleasant smell for non-users. The combustion of marijuana produces carcinogens and toxins that can lead to cancer, lung disease, and respiratory disorders, such as coughing, phlegm, and wheezing. The report further said that marijuana smoke contains a higher level of toxic chemicals than tobacco smoke. 

As landlords or property managers, you have a legal obligation to ensure that the properties you own are safe and in compliance with local law. Whether you own a single-family house or an apartment complex, it's important to keep your residents safe.

Ensure You’re in Compliance With Marijuana Laws

As mentioned earlier, even though the recreational use of marijuana is legal in some states, the substance is illegal under federal law. This makes it a challenge to set standards on whether to allow it or not on your premises. Because using marijuana is illegal under federal law, using it anywhere, even in the privacy of a rental unit, will expose you or your tenant to the possibility of being charged with a federal crime. Thus, to avoid trouble, it’s better to have policy provisions about it included in your lease contract.

Avoid Bad Reputation

People looking for places to rent always look for a property with a good reputation. If your rental units had an issue with a resident using marijuana in their units, it could give yours a poor reputation. To avoid such a situation, it’s better to be strict about your contract policies regarding marijuana use in your rental units.

Factors To Determine a Resident Using Marijuana in Their Unit

Several signs indicate when a premise is being used for the purpose of smoking marijuana. These includes:

Odd Smell

Tenants who smoke marijuana will often attempt to mask the odor with air fresheners or incense. However, it's known to leave a strong odor behind. When it's smoked, its distinct aroma lingers long after the smoke has evaporated. When you investigate the source of the smell, it should lead you to evidence that marijuana was smoked on the property.

Presence of Stains

If you want to determine whether a resident using marijuana in their unit, try to find traces of the drug. Marijuana leaves stains on surfaces, so look at the walls and how they appear. Those stains are usually brown to yellow and it is also very common to find those on wallpapers and interior paints.

As an owner or manager, the last thing you want to happen to your property is for some tenant to paint over unsightly cigarette or marijuana smoke stains without your permission. Thus, you should insert a lease contract a clause that forbids any painting of your property without your consent. If they still commit lease violations and paint even if you prohibit it, there must be something wrong.

Physical Evidence

If given a chance to enter the unit, you can check for residue, weed joints, or marijuana leaves in the unit. However, be careful with your actions — entering a tenant’s room without prior permission isn’t legal. It’s best to include a clause in the lease stating that you will conduct regular inspections to ensure compliance. 

Change in Behavior

The use of marijuana has been proven to have medicinal benefits. However, abuse of marijuana can lead to a significant change in behavior. Suppose you noticed that your tenant is becoming violent or has a change in attitude. In that case, it could be a symptom that they’re using marijuana or even using your property production den. 

Tips Before Signing a Lease

Before you make a policy for your tenants regarding marijuana use on your property, it will be helpful to research the laws in your state. Currently, many states allow the use of medicinal marijuana, but not recreational marijuana.

As a landlord, it's vital to follow applicable laws in your state. By signing a move-in agreement with your tenants, you're ensuring they're aware of the laws that prohibit the use of marijuana on your property. Also, include the lease violation penalties in your agreement.

If you’d like to keep track of unit violations and send notices easily, you can count on ExactEstate to help you with that. 

Conclusion

Ultimately, knowing how to spot the signs of marijuana use will enable you to address them quickly and without a headache. 

If you’re unsure of how to deal with such a situation or are looking for ways to grow your rental property business, contact us at ExactEstate today to schedule a free demo.