The times are changing. There are new technological advances, trends, and laws. As you probably know, there are states in the country that are now legalizing marijuana. Some states like Arizona and Florida, only allow it for medical use. States like Alaska and California allow it for both medical and recreational use. In some, it is still taboo.
Other states would most likely legalize it in the future, and as a landlord, there are things that you should know when renting out to marijuana smokers.
In the areas where marijuana is legal both for recreational and medical use, the citizens are allowed to grow their marijuana plants as long as they own the property.
• Landlord Rights
Like I said, your tenants are not allowed to grow their marijuana in your rental property. Smoking marijuana is another thing.
There are several reasons why a landlord will impose a strict no-smoking policy. For one, it is a fire hazard that could potentially cause damages to your property. The non-smoking neighbors might file complaints about the smoke and smell. It will also cause stains and burn marks on the walls, carpet, and curtains. That is not just for marijuana, either. That includes cigarettes and tobacco.
Prohibit them from smoking inside the property, and provide an alternative like a smoking area within the premises, but far enough so that other tenants cannot smell it. Although it is legal, people are not allowed to smoke marijuana in public. They can only do it in a private residence.
If you do allow your tenants to smoke in your property, the lease agreement must have a specific clause regarding smoking, stating rules that they must follow. Make it clear that they will have to cover the cost of repairs and cleaning if they insist on smoking indoors.
• Other Factors
Although there are disadvantages to renting out to marijuana smokers, you also have to consider that they are paying customers. You are running a business, after all. Allowing smoking in your property, albeit in a limited space, can still draw in potential tenants.
Legalizing marijuana has attracted several people to visit the places where it is legal. Some hotels and apartments are becoming marijuana-friendly to stay relevant in the market.
Let us not forget that marijuana is a medical treatment for some diseases such as Alzheimer’s disease, PTSD, Epilepsy, and many more. You have to understand this because you may have a tenant with these conditions who are using marijuana-based products. Based on the Fair Housing Act, having a disability is not a legal basis for you to deny him of accommodation.
• Banning
Should you do choose to ban smoking in your property altogether, make sure that the tenant is fully aware of this before signing a lease agreement. If you want to make a compromise with your tenants, you can do so by utilizing the smoking area idea. It will be a win-win situation for you and your tenants.
Some landlords are still hesitant to allow marijuana in their property because of its legal implications. If you want to ban marijuana, but not cigarette smoking, you have to be specific in the contract. When you say smoking is allowed, it can mean that they can smoke all kinds of substances. Being detailed with your smoking policy will be easier for you to regulate the activity.
Remember to check your state laws before deciding on this. But carefully consider that smoking weed is becoming normal nowadays. The country is slowly becoming marijuana-friendly. There might be tenants who will not agree with your rules on smoking, and they will probably look for other rentals where they can be more free.
You might have some losses if some applicants will not push through with renting with you because you do not allow marijuana in your property, even if your state declares it legal. However, the rental market is vast, so there will be non-smoking tenants who will see your property listing at Padleads and on the other popular websites where you syndicate it. They might even appreciate your smoking ban, especially if they have children. Ultimately, it will boil down to what you think is best for your investment property.