Looking for some advice from people who work in states where marijuana is legal. I know it’s a matter of time before it happens in my area and all personal opinions aside.... How do you address issues with non smokers smelling pot in their apt due to their neighbors?
It's no different than cigarette smoke in non-smoking buildings; written warnings, Notice to Comply or Quit, letter from attorney, lastly a day in court. It's not an easy conversation and it's certainly an ice breaker when touring a prospective resident from out of state. It's gotten easier over the last 4 years but it's still a big issue.
We don’t have any restriction on cigarettes here. If people want to smoke in their apt they can do so. Fortunately, I don’t have any issues with that. I do have those avid pot smokers who do not vent their apt and it creeps to the surrounding apts. I’m assuming it doesn’t get any easier.
I actually have had to evict a medical user from a 100% HUD assisted property..... all of the various forms of assisted living programs are written at the federal level, but management is delegated to the county level. Since the federal government does not recognize any valid marijuana use, those receiving assistance will lose it when discovered.
If you are a Non-smoking community then you can use your non-smoking addendum from your lease contract! If you are not a non-smoking Community you can address the smell being a nuisance? Continue address it that way and provide alternatives for him or her! They could be recreational users or users for the medical purposes? Go from there and see what happens?
Non smoking property includes all substances. There’s other options to use marijuana that don’t include smoking, and if you must smoke, do it off property just like you would cigarettes.
I am in OR a state where it is legal... However... We were advised that because we accept Section 8 and other low income federally funded programs that we should go by Federal law so that we do not have an issue with the FHA on the lingo of the contracts we sign with those companies as well as ours.
I recently phased in No Smoking at all due to this and making it fair again on all levels...
It is a line that is walked like so many of the ones we do.. but it is best to talk to your legal and see what might happen if and when it does so that you can add in now a clause for marijuana now and have it in effect.
No smoking of any kind. Still frequent complaints. Great relationship with local police who help enforce local ordinances "No smoking of any kind within 30 feet of a Multifamily dwelling." They also send officers to our events to build relationships in our community. Woot.
If they are impacting a neighbor's peaceful enjoyment of the community, I cite that (in addition to the drug free addendum). Legal here, but Amendment 64 stipulates that property owners and landlords can prohibit it.
I have had good luck.. I have residents who will call me in to their homes so that I am able to smell while it is happening. I have been successful by then going to knock on doors and finding the issue.. but it takes the whole village
usually the residents experience it after hours. It's still hard to pinpoint because the way the townhomes are there would be 5 townhomes surrounding the one that is smelling it. I feel that someone could say " yeah I've been smelling it too". It would be scary to do as well. You never know how people react to things these days. The police in our city are useless in these cases.
We just treat as a quiet enjoyment issue. If you are doing a behavior that interferes with the reasonable quiet enjoyment of your neighbor then it is a lease violation.