Rental Property Lease Clause: Marijuana

Marijuana rental lease clause

For those of us who lease properties in states like California and Colorado where marijuana or medical marijuana is now legal it is adding new legal challenges for property owners and landlords and their ability to control what a tenant does or does not do in their rental property.

Fact: Marijuana is still illegal from a Federal basis. This helps because most rental property lease clause already state “No illegal Activity” in the rental property.

Reality: Ok, so here is the tricky part, what is actually happening in these states? In Colorado the general trend is that smoking marijuana does not fall under the general “No Smoking” clause in your current lease.

New Smoking Lease Clause: If you have a No Smoking Clause make sure it says NO Smoking and No Smoking Marijuana. Always check with your real estate attorney to make sure you are up to date with current laws.

TIP: The American Lung Association offers great information for Landlords on how to make their buildings smoke free. Click HERE to see a sample Smoking Lease Addendum.

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1 Comment

  1. Zoso
    April 26, 2016

    I am not a lawyer. To me it’s obvious you can ban the presence of weed, along with all other contraband, on your property simply because it’s federally illegal to possess. As a business owner you have to follow federal law, state law, and local ordinances. To prove you are trying, you have to ban contraband (which weed is, on a federal level) from your property. You don’t even need to single out weed IMHO.


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