California Marijuana Laws and Tenant Rights
Voters in Nevada and Massachusetts also legalized recreational marijuana use on Election Day. The New York Times notes that recreational use of marijuana by those at least 21 years old is now legal for more than 20 percent of the U.S. population.
Marijuana and Housing Provider-Tenant Rights
What are the implications of Proposition 64 for California housing provider-tenant rights?
Housing Provider’s Right to Prohibit Use
Importantly, California housing providers still have the right to forbid the use of marijuana on their property. They also have the right to prohibit the cultivation of marijuana plants. However, such prohibitions must be properly addressed in the lease agreement, just like “no pets” and “no tobacco use” clauses.
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Tenant’s Right to Quiet Enjoyment
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.
Resolving Disputes
Ideally, a housing rpovider or property manager will find practical solutions that satisfy all parties. Given the expense and uncertainty of legal action, most housing providers avoid eviction whenever possible.
Practical Solutions
If tenants have competing legal claims, a housing provider might try to resolve the issue of objectionable odors by suggesting that:
- • The marijuana user shifts to consumption of the substance in food or through the use of a vaporizer.
- • The tenant use a quality air filter with sufficient air-exchange capability.
- • The tenant closes windows when smoking marijuana.
- • Marijuana use be confined to areas near appropriate windows or doorways that facilitate ventilation.
Evictions and Just Cause
As a final option, the conflicting rights of marijuana users and other tenants may lead to an eviction action. However, it is important that a housing provider have “just cause” when commencing an eviction. When there is a valid fixed-term lease prohibiting marijuana use, action is possible with a three-day notice to either correct a lease violation or move out.
Lease Limitations
Given the provisions of Proposition 64, housing providers are well-advised to explicitly address marijuana use in their leases. An attorney focused on relevant areas of the law can work to draft lease clauses that are legal and enforceable. The preceding information is strictly informational and should not be construed as legal advice.
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