California Marijuana Laws and Tenant Rights
March 18, 2022
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When leases do not prohibit marijuana use, property owners may have to deal with conflicting tenant rights when other renters complain of the smell or possible health consequences of inhaling secondhand smoke. Tenants generally have a “Right to Quiet Enjoyment” whether it is noted in a lease or not. Loud noises, bad odors, smoke, excessive dust and high temperatures are some elements which may interfere with this right.
If tenants have competing legal claims, a landlord might try to resolve the issue of objectionable odors by suggesting that:
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