Rental rules in California, when it pertains to marijuana
Quick question:
First of I live in California and I have a property that I just rented out and not two days after the renter’s moved in, I smelled marijuana coming from their direction. I asked them if they smoked and they admitted to me that in fact they do and that they also have marijuana cards which make it LEGAL to poses. I wanted to know what I could do about this.
My first reaction is to have them look for another place, but I want to do it the LEGAL way. I took a look at the rental contract, but nowhere on there does it state NOT to do any ILLEGAL drugs. If by law I can’t kick them out, I wanted to ask them to not to do it while at the property, but then again, they are paying rent.
Any ideas on how I should handle this issue?
First of I live in California and I have a property that I just rented out and not two days after the renter’s moved in, I smelled marijuana coming from their direction. I asked them if they smoked and they admitted to me that in fact they do and that they also have marijuana cards which make it LEGAL to poses. I wanted to know what I could do about this.
My first reaction is to have them look for another place, but I want to do it the LEGAL way. I took a look at the rental contract, but nowhere on there does it state NOT to do any ILLEGAL drugs. If by law I can’t kick them out, I wanted to ask them to not to do it while at the property, but then again, they are paying rent.
Any ideas on how I should handle this issue?
Dave Baldwin
Is there anything in the contract about not smoking in the property?
Also, I have been told that you can evict for no reason at all with a 30 day notice. The problem then would be getting them to actually move out.
I've had rent to owners before who had to be evicted. If they want to, they can drag the eviction process out on you.
Dave is right about evicting someone as an "undesireable tenant" with a 30 day notice.
So, there are questions to be asked.
1. Why did your rental contract not have a clause that lets, you the landlord, or the tenant, get out of the lease with a 30 day notice? What happens if the tenant has a death in the family and needs to move out, are you going to let them out of their lease?
Is it a lease for X number of months, or is it a month to month lease?
2. Your contract with them, should have included every possible scenario.
So, next time, make your rental agreement more inclusive of all scenarios.
Are you insured?
What happens if there is a storm and a tree falls and ruins their car?
What happens if they, or one of their friends, fakes a fall, and a back injury, and file legal action for maybe $1 million?
If you have all those scenarios taken care of, then good.
As far as their smoking habits, you won't get in trouble if they get caught, they will.
If you really want to get rid of them, ammend the contract.
You have a right to change the terms and give a notice. Add a clause that says if the rent is not paid on an exact day of the month, such as the 1st, you can begin the eviction process.
They could get behind, slowly, and their habits might be the reason. That stuff cost money.
Also, suppose one of their "cigarettes" (the non Marlboro type) causes a fire and destroys the house, or hurts, or kills someone?
I'd be more worried about alot of other things, than whether they smoke pot.
Damage to the carpets, inside pets that ruin the floors, trees falling on their car, someone getting injured, etc.
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How Long Does it Take to Evict a Tenant in California?
It is in the landlord’s interest to evict an unwanted tenant as quickly as possible, as such a tenant may not being paying rent, could be damaging the premises, or could be engaging in behavior that may cause other tenants to vacate. For this reason, California gives eviction lawsuits priority over all legal matters except for criminal cases. How much time it typically takes to evict a tenant depends in part on what the tenant is being evicted for and the county’s current caseload, but the process is generally uniform.
Before an eviction action can be filed, notice must usually be given to the tenant. The type of notice depends on the circumstances. If the landlord alleges that the tenant has violated a provision of the lease or rental agreement, such as by failing to pay rent or by disturbing other tenants, the landlord must give the tenant at least three days to correct the problem. If the tenant occupies residential premises and has lived in the premises for less than a year, the tenant must be given a minimum of 30 days' notice to vacate, assuming that the lease or rental agreement has expired. If the tenant has lived in the premises for more than one year, the landlord must provide at least 60 days' notice to vacate. If the tenant fails to vacate within the appropriate notice period, or fails to correct his breach of the agreement, the landlord may pursue an eviction action.
http://homeguides.sfgate.com/long-evict-tenant-california-8035.html
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Your lease should contain a phrase that helps you avoid the 5 day rule on evicting for non payment of rent. Normally you have to give a 5 day notice. In your lease, if you state it properly, the lease itself "is" the 5 day notice, and you can begin evicting on day 1.
Get you lease ammended by adding a late payment eviction phrase.
If you really want them out, then "hope" they fail to pay the rent on the exact date each month that the lease says is the deadline, to pay the rent.
Dave is right about evicting someone as an "undesireable tenant" with a 30 day notice.
So, there are questions to be asked.
1. Why did your rental contract not have a clause that lets, you the landlord, or the tenant, get out of the lease with a 30 day notice? What happens if the tenant has a death in the family and needs to move out, are you going to let them out of their lease?
Is it a lease for X number of months, or is it a month to month lease?
2. Your contract with them, should have included every possible scenario.
So, next time, make your rental agreement more inclusive of all scenarios.
Are you insured?
What happens if there is a storm and a tree falls and ruins their car?
What happens if they, or one of their friends, fakes a fall, and a back injury, and file legal action for maybe $1 million?
If you have all those scenarios taken care of, then good.
As far as their smoking habits, you won't get in trouble if they get caught, they will.
If you really want to get rid of them, ammend the contract.
You have a right to change the terms and give a notice. Add a clause that says if the rent is not paid on an exact day of the month, such as the 1st, you can begin the eviction process.
They could get behind, slowly, and their habits might be the reason. That stuff cost money.
Also, suppose one of their "cigarettes" (the non Marlboro type) causes a fire and destroys the house, or hurts, or kills someone?
I'd be more worried about alot of other things, than whether they smoke pot.
Damage to the carpets, inside pets that ruin the floors, trees falling on their car, someone getting injured, etc.
--------------------------
How Long Does it Take to Evict a Tenant in California?
It is in the landlord’s interest to evict an unwanted tenant as quickly as possible, as such a tenant may not being paying rent, could be damaging the premises, or could be engaging in behavior that may cause other tenants to vacate. For this reason, California gives eviction lawsuits priority over all legal matters except for criminal cases. How much time it typically takes to evict a tenant depends in part on what the tenant is being evicted for and the county’s current caseload, but the process is generally uniform.
Before an eviction action can be filed, notice must usually be given to the tenant. The type of notice depends on the circumstances. If the landlord alleges that the tenant has violated a provision of the lease or rental agreement, such as by failing to pay rent or by disturbing other tenants, the landlord must give the tenant at least three days to correct the problem. If the tenant occupies residential premises and has lived in the premises for less than a year, the tenant must be given a minimum of 30 days' notice to vacate, assuming that the lease or rental agreement has expired. If the tenant has lived in the premises for more than one year, the landlord must provide at least 60 days' notice to vacate. If the tenant fails to vacate within the appropriate notice period, or fails to correct his breach of the agreement, the landlord may pursue an eviction action.
http://homeguides.sfgate.com/long-evict-tenant-california-8035.html
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Your lease should contain a phrase that helps you avoid the 5 day rule on evicting for non payment of rent. Normally you have to give a 5 day notice. In your lease, if you state it properly, the lease itself "is" the 5 day notice, and you can begin evicting on day 1.
Get you lease ammended by adding a late payment eviction phrase.
If you really want them out, then "hope" they fail to pay the rent on the exact date each month that the lease says is the deadline, to pay the rent.
Why do you want to get rid of them? What are you afraid of?
You're going to have a serious issue keeping your rental property rented if you rule out anyone who smokes pot in California.
You're going to have a serious issue keeping your rental property rented if you rule out anyone who smokes pot in California.
I don't believe that's true. Other than the musicians, most of the people I know don't smoke marijuana here in the Sacramento area. I would say the majority of the people don't do that.
Let them try to evict themselves. Ammend your lease agreement with them.
Change the lease, so that it says that if the rent has not been received by the due date, exactly on the due date, that you can begin the eviction process.
Go to your local magistrate's court, and get copies of all the eviction papers.
Next month if they are 1 day late , fill out a sample eviction notice and put it on their door.
I've known landlords to scare people into moving by putting eviction notices on their door.
Also, scared them into paying the rent on time by putting eviction papers on their door.
Whether you plan to file those papers, is not the point. The point is that you put the notice on their door, and they take notice of them, and begin to change their behavior.
Like I said earlier, as a landlord, you have many more serious things to consider than whether they smoke pot.
If other people living around them begin to complain because they have children, and your tenant is a danger to their kids, then you may have to act.
Change the lease, so that it says that if the rent has not been received by the due date, exactly on the due date, that you can begin the eviction process.
Go to your local magistrate's court, and get copies of all the eviction papers.
Next month if they are 1 day late , fill out a sample eviction notice and put it on their door.
I've known landlords to scare people into moving by putting eviction notices on their door.
Also, scared them into paying the rent on time by putting eviction papers on their door.
Whether you plan to file those papers, is not the point. The point is that you put the notice on their door, and they take notice of them, and begin to change their behavior.
Like I said earlier, as a landlord, you have many more serious things to consider than whether they smoke pot.
If other people living around them begin to complain because they have children, and your tenant is a danger to their kids, then you may have to act.
How are they a danger to kids?
I would talk to them. Tell them you don't feel good about them smoking in or around the house, no matter what they are smoking. I agree with most of what nickg5 wrote, except for trying to scare them yet. Are they good renters? It's always seemed to me most people are pretty good by nature, if you tell them your concerns, I'm sure they would make adjustments to keep you the landlord happy, if not THEN scare the hell out of 'em.
How are they a danger to kids?
................I only suggested that some of the neighbors might not want their kids, around people who smoke pot.
................I only suggested that some of the neighbors might not want their kids, around people who smoke pot.
Then those neighbors better not send their kids to school!
Let me ask you something - would you rather your tenants got drunk than smoke pot?
Let me ask you something - would you rather your tenants got drunk than smoke pot?
would you rather your tenants got drunk than smoke pot
If it were my house I would prefer tenants that do neither.
If it were my house I would prefer tenants that do neither.
@beetos, I surveyed many friends since you suggested that most people smoke pot in California. Almost all of them have smoked some pot in the past... and almost all of them do not do it anymore. Alcohol is much more popular but still, none of them are drunks either. In most all of the places I've been around here in the last forty years, you could make yourself quite unpopular by getting stoned or drunk to the point where others noticed.
Dave,
Of course if you get out of hand with any substance, to the point where your dangerous or even just annoying, you'd become unpopular.
But if you're at home, not bothering anyone, not breaking the law, and not destroying property, why such concern? As you mentioned, "almost all of them have smoked some pot in the past" - well these tenants are still at that stage, and they're within their legal rights.
What is the major concern?
Of course if you get out of hand with any substance, to the point where your dangerous or even just annoying, you'd become unpopular.
But if you're at home, not bothering anyone, not breaking the law, and not destroying property, why such concern? As you mentioned, "almost all of them have smoked some pot in the past" - well these tenants are still at that stage, and they're within their legal rights.
What is the major concern?
Some people just don't like it. If you lit up around my house, you would be asked to leave. And just because they don't waste time prosecuting individuals doesn't mean it is legal. Nobody has a legal right to smoke pot in my house.
Here is a link to UCLA study showing smoking cost landlords millions.
Dave - it's not your house, it's theirs, at least it's their abode. If you don't like it, you definitely shouldn't do it.
Berger - that study is about cigarette smoke, which is entirely different.
All that said, a landlord certainly has the right to not allow smoking of any kind in their rental properties. But those same tenants who aren't allowed to smoke inside usually have an area outside where they're allowed to smoke.
My overall point is that there's a terrible and unjust stigma associated with marijuana, mostly based on ignorance and misinformation. I think that's what's at play here.
Perhaps is you discussed it with the tenants, they could use edibles instead? Would that address your concerns or are there other issues?
Berger - that study is about cigarette smoke, which is entirely different.
All that said, a landlord certainly has the right to not allow smoking of any kind in their rental properties. But those same tenants who aren't allowed to smoke inside usually have an area outside where they're allowed to smoke.
My overall point is that there's a terrible and unjust stigma associated with marijuana, mostly based on ignorance and misinformation. I think that's what's at play here.
Perhaps is you discussed it with the tenants, they could use edibles instead? Would that address your concerns or are there other issues?
I happen to know too many people that smoke too much pot. I don't think it is unjust. They smoke pot rather than take care of their business.
I know people who play too many video games; they neglect their business, their families, and are tired at work.
I know people who drink too much, and eat too much.
I also know people who can do all of those things within reason and are perfectly functioning.
That's individual responsibility.
I know people who drink too much, and eat too much.
I also know people who can do all of those things within reason and are perfectly functioning.
That's individual responsibility.
"That's individual responsibility." I agree with that. And except for me eating too much, I try to keep the rest of them out of my house too.!
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