Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Can You Evict for Smoking Marjiuana

    My question involves an eviction in the state of: MN
    If my tenant smoked marjiuana and I cannot prove they did so in my home but they smelled of it and I highly suspect it is in the home somwhere can I evict? I called the police and they said they smelled it and the person admitted to them that they had smoked it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Evict for Smoking Marjiuana

    Can you evict on your suspicion that your tenant (or a guest of your tenant) smoked marijuana at a location that may or may not have been the apartment he's renting? So you have even called the police, but still have zero, zilch, nada in the way of evidence that any crime or criminal activity has occurred at the apartment?

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Can You Evict for Smoking Marjiuana

    The person admitted to the police they had smoked it. The police also smelled it in the home. I have a police report. Another renter also entered that persons room and took a picture of the substance. Besides that and what other tenants have written/told me that is all I have. The police said they couldn't arrest or search the property. Also the tenant is claiming they smoked if off the premisis.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Evict for Smoking Marjiuana

    He told the police "I smoked marijuana", but you've given us no indication that he said he did so in the unit. Now, in fact, you're stating that he denied smoking on the premises, which was the point.

    You haven't told us anything about the living arrangement, so we're not in a position to comment on what business "another renter" has going into his private room to take pictures. This was at your direction? What are you and other "renters" doing, going into this person's apartment and bedroom? Are you following the law regarding when you can lawfully enter somebody's apartment and how much notice you must provide?

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can You Evict for Smoking Marjiuana

    Are you an on-site landlord? Or off-site?

    Are you in a state that bans smoking in apartments?

    Does the lease specifically ban smoking in the apartment?

    I will advise you of this: As landlord, you have the right to enter the apartment to show the apartment to a potential new renter; You have the right to enter if the property is in danger; you have the right to enter to perform repair work. Some of these require you give notice to the tenant. If police/emergency officials ask for access, you can grant that.

    You absolutely may not let another tenant into the apartment, period.

    Also, if you are in the apartment for an emergency or maintenance reason, you have no right to search or photograph the apartments content.

    I strongly advise you to speak to a lawyer who specializes in landlord/tenant issues. And to do yourself a favor, as a landlord, and take your states Real Estate training class, so you will know basic Real Estate laws (that any landlord or property manager should know).

    "Another renter also entered that persons room and took a picture of the substance." This could get you and the other renter into some really deep legal trouble. You best tell this to the lawyer, too. You and other renter have broken some laws here.

    PS....because you allowed another renter into the apartment without permission, and he took pics...do not be shocked if YOU and the other renter get sued by Possible Pot Smoker Renter.

    1. Sponsored Links
       

Similar Threads

  1. Part Owner of a Home Age 18 and Father Has a Bad Marjiuana Issue
    By Tfranks in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-18-2010, 05:03 AM
  2. Rental Agreements: No Smoking Policy
    By MrQuestionsAll in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-31-2010, 03:59 PM
  3. Quiet Enjoyment: Smoking in a Non-Smoking Building
    By CindyinMass in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-30-2010, 10:07 AM
  4. Obstruction of Justice: Non-Smoking Law
    By PandorasBox in forum Criminal Charges
    Replies: 2
    Last Post: 12-12-2009, 06:37 PM
  5. Eviction Process: Evicted For Not Smoking
    By NONSMOKER in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-13-2007, 09:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources