I am an owner of a small apartment bldg. I have received complaints from tenants that a has been smoking marijuana at all hours of the day. I have a no drug statement that all my tenants received. I would like to send a 60 day notice to Vacate, but some police friends tell my that I may be sued if the tenant has a medical prescription for the MJ and I try to evict her. I have not been notified of the MJ prescription, nor have I approached the tenant. What can I do. I would want her out.
1 Answer from Attorneys
I would agree with your police friends that caution is advisable. If the activity in question were drug dealing, the decision to evict would be a lot more clear-cut. However, when the activity is only drug use, and the substance involved is only marijuana, the decision is not clear-cut at all. In addition, your question doesn't say whether the tenant in question has a longer-term unexpired lease, or whether she is month-to-month. Your best bet may be to take the lease or rental agreement to a local real-estate attorney, show him/her the "no drug statement," describe the tenant activity, and get an opinion based upon (a) the statement and (b) the tenant's rental status (long term vs. month-to-month).
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