Zero Drug Tolerance Policy: Have You Considered Changes to Your Lease Agreement?

Over the past few years, several states in the US have considered legalizing marijuana. Nevada is one such example. In 2017, the sale of marijuana for recreational use was legalized.

  • Monday, April 9, 2018

  General   Tips   

Over the past few years, several states in the US have considered legalizing marijuana. Nevada is one such example. In 2017, the sale of marijuana for recreational use was legalized. Despite the state legislation changes, the federal government does not recognize marijuana as a legal drug. As a landlord, it is important to consider your drug tolerance policy for renters based on such legislation changes. While states like Nevada offer legal marijuana sales, the federal government does not, and you want to be sure you are operating within the law.

Creating a New Policy

Within your lease agreement, you can create guidelines that will tell tenants that smoking pot is an activity that will not be tolerated. Many landlords already restrict tenants from smoking in general, so adding marijuana to the mix is an easy option. Having an overall smoking ban keeps things simple and allows you to avoid any unwanted attention to your properties.

When tenants break the law, landlords can be at risk. If a property is used for illicit purposes, the landlord can be held responsible, even if they are unaware of such activity. With monitoring and quality property management, you will be able to keep a handle on such activity and make changes. If you find tenants have broken their lease by smoking marijuana on your property, you have the right to terminate the lease.

Proper Background Check

To avoid a marijuana or other drug situation, be sure to complete a background check on potential tenants. With a background check, you will be able to find out if the individual has any prior criminal charges involving drugs such as marijuana or others. This will help you to determine if you should choose this individual to rent your property or not.

A personal interview can also help you to determine if an individual smokes and if they might break your no drug policy. Marijuana has a distinct smell so if you smell it on the applicant, then you know they smoke. By completing the background check and using your instincts, you can easily determine if a potential renter will be able to stick with your no drug tolerance policy.

It is wise to add a no drug policy to your tenant agreement, so you have a legal right to remove a tenant from your property. Having this clause in place helps to protect your investment if a tenant decides to smoke marijuana or other drugs when they are specifically not allowed to. This will allow you to take action and get results, moving on to a new tenant that will be more responsible.


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