Hi Grace,
I’m sorry to hear about this challenging situation. While we can’t offer legal advice, here’s an approach you might consider. However, please be sure to review your local city and state laws to ensure you’re in compliance before taking any action.
To address the situation, you can enforce lease clauses related to disturbing other tenants and smoking. Start by gathering quantifiable evidence—such as complaints from multiple tenants, documented times and dates of the smell, and any physical evidence like discarded paraphernalia. This documentation will help establish a pattern of behavior, supporting your case if you move forward with an eviction.
Also, be sure to document any communication with the tenant regarding the complaints and remind them of the lease terms. A conversation might resolve the issue without further escalation.
However, if the situation doesn’t improve despite warnings and mediation, and the lease is being violated, eviction may become necessary.
In the future, it may be helpful to include a specific provision about marijuana use in the lease, clarifying whether it’s prohibited on the premises regardless of legality or if any exceptions apply. This will make your policies clearer and provide stronger grounds if enforcement is needed.
For more information surrounding marijuana use and rental properties, here is a link to a webinar that you might find helpful.
I hope this helps! Good luck.
