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  1. #1

    Default Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    My question involves landlord-tenant law in the State of: California.


    So we just received an email with some pretty severe wording about the smell of Marijuana smoke coming from our building through the vents into the building next door.

    We run a music recording studio where bands rent practice space. It turns out that, despite what the contract we signed with them says, they decided it would be cool to light up anyway because 'hey, it's cool, right?'

    So after banishing them from the room and whatnot I am told over the phone by a representative of the property management company that he wants me to respond to the email basically saying that I reminded my partners/co-owners that this behavior is not tolerated. Basically saying "yeah, we did it and we won't do it again."

    The issue I have is that in the many places I have worked I've never once seen a store held liable for liberties taken by it's customers. Someone decides to haul off and attack someone in the grocery store or open a bottle of alcohol in a library and it's not permitted, for example, would not lead to the blame being placed on the establishment unless the establishment promotes the behavior or steps in.

    Basically I think the property owners are fishing for a way to hold us directly responsible for the behavior of the customer.

    I guess my question is there has to be some leeway or expectation that customers will be idiots and that businesses need room to handle such things. I would hate to think that I could get evicted or arrested because a customer decided to case and rob the building and I'm responsible because it's my customer.

    What are the rules on this? I can never guarantee that all of my customers will never be idiots ever again. Particularly in an area where there are a lot of transients who try to find many reasons to enter the building and who often exhibit less than savory behavior.

  2. #2
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    When you allow people to commit criminal activities on leased property, you are liable for creating a nuisance. Read your lease if you do not understand your responsibility.

  3. #3
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    "Particularly in an area where there are a lot of transients who try to find many reasons to enter the building and who often exhibit less than savory behavior. "

    And these weren't transients doing this but your own customers.

    Gail

  4. #4

    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    That sounds cool. But I was looking for a response about the situation I posted about. Where people are NOT allowed to commit criminal activities but do so anyway and get dealt with.

    As written in my original post:

    We run a music recording studio where bands rent practice space. It turns out that, despite what the contract we signed with them says, they decided it would be cool to light up anyway because 'hey, it's cool, right?'


    I guess my question is there has to be some leeway or expectation that customers will be idiots and that businesses need room to handle such things.



    Based on your response, if someone burglarizes my business (a criminal activity) then I am responsible for the nuisance.

    As I said in my post, we addressed the issue. The question I have is can we be evicted for these kinds of things? I can't imagine that customers stepping out of line is this rare new thing. Companies can barely keep their employees from drinking and smoking substances on the job. There has to be some line or direction. I don't want the license to be able to do illegal things then say "customers did it" but I also want to know how to protect myself if someone asks to use our bathroom and decided to have a "good time."

    I also don't think I should have to send a letter saying my partners/employees were doing things they weren't just so the property managers can have more concrete blame to work with.

    Any suggestions?

  5. #5
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    No, there is not a legal exception for having stupid customers.

  6. #6

    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    OK.

    So how would a business go about protecting itself in such cases? I have worked at places where instances of criminal activity would happen here and there. Drinking on the job, use of illegal substances, robberies, physical assaults, resisting arrest. From both customers and employees. Each case I think the business was able to just address the issue, get law enforcement involved if need be and continue to operate without so much as getting a tap on the shoulder. What does a business need to do to establish something like that?


    I bring up transients because a transient can easily become a "customer" and it's a tricky battle to fight. You can't necessarily say "you are a transient and I think you suck so get out.":

    Please don't see this as a way to find an avenue to commit wrongdoing which is the impression I get from the responses so far. I just think it would be crazy to get evicted because someone committed a crime by robbing my establishment. I am searching for a way to get room to at least be able to address problems without having to personally admit that it was me who did them and authorized the activity.

  7. #7
    Join Date
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    You need to establish standard operating procedures for pot smoking customers or sub-tenants. You mention a contract with a drug clause (?). You and your partners must enforce that contract, no second chances. This means that you must have someone on duty when the practice space is open and not hand out keys to the space. That's going to be a pain in the butt.
    Your attempts to hypothesize situations about other criminal activities must not distract you from getting the job done.

  8. #8
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    One thing you might consider is including in your contracts with those who pay for the space is that they do not engage in illegal activities or their contract/right to use the space will be immediately and irrevocably revoked without any refund.

    You DO have a right to establish rules for the use of your space, and you ARE responsible for what occurs in that space. You will need to take reasonable steps to take back control, or, you might find yourself evicted.

    Perhaps you need to have your clients also pay for the time of a chaperon to babysit them?

  9. #9
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    "So we just received an email with some pretty severe wording about the smell of Marijuana smoke coming from our building through the vents into the building next door."

    Look; the Property Management company that handles your lease received a complaint from the building next door regarding drug use from your clients.

    They responded (as they should). Did they whine to the folks in the building next door saying "gee, golly gosh, we can't control what our tenants do".

    No.

    They handed the responsibility over to you. As they should.

    Now you can come up with all sort of scenarios regarding drinking on the job, physical assaults, transients walking in off the street, clients wearing pink tights and dancing around the room but the simple fact is crap runs downhill and the crap is in your own backyard in terms of you taking responsibility for your clients.

    If you fail to do so you may be facing a lockout and termination of your lease because of the drug use of your clients.

    Gail

  10. #10
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    Default Re: Just Got a Complaint About Marijuana Smoke Coming from Our Commercial Premises

    A business must take reasonable action to comply with the terms of their lease. Otherwise they can be subject to eviction. You obviously do not want to remedy the issue. You want to find a semi-legal way to allow, it while having a defense. The purpose of this forum is not to assist others in violating the law. I suggest you hire a lawyer and ask them.

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