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Marijuana Using Tenant with no Lease

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  • Marijuana Using Tenant with no Lease

    Hello:

    I could use some advice. In my desperation to deal with one situation, I ended up creating problems for myself. I agreed to let a family member move in with me two months ago so that he can get his life and business up and running. In exchange for rent, he was giving me personal training sessions. Everything was working out well until I found that he is smoking marijuana. Marijuana is illegal in my state. It took me a while to figure out he was using pot because I don't really know what pot smells. Once I did, I texted him and also told him that if he smokes it again, he will need to move out. First, he said that he doesn't smoke in my place and that he smokes with his friends else where. I said that it does not matter. I smell it again and he is out. Well, he did it again. I am also sure he smoked it in my place. So, I told him to move out in one week. After a big blowout, he said that he has tenant rights and that I have to give him 30 days. I agreed to the 30 days verbally.

    I did research on what would happen if someone called the police and they came and found marijuana in a home. It seems that as the homeowner, I could be arrested under something called constructive possession. Isn't that right?

    In case this is true, I have decided to give him an actual 30-day Notice to Vacate and cite the reason as illegal drug use. It's also helpful to have if he starts dragging his feet about moving. Would this cover me if the police come to my home and find marijuana?

    Thanks.

  • #2
    It all depends on what State you live in.
    semper destravit

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    • #3
      Post your question again on this website and include your state. There are attorneys there who are well versed on landlord tenant law and who give free advice. They will give you a much better answer,

      Legal Help for Landlord-Tenant Law - Issues in landlord tenant law including rental agreements, repair and maintenance, subleases, breaking a lease, security deposits and eviction.


      Going too far is half the pleasure of not getting anywhere

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      • Sarabande
        Sarabande commented
        Editing a comment
        Thank you! I'll ask my question there.

    • #4
      Residency laws vary wildly by state. If you tell us which you're in, someone may be able to be more specific.

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      • #5
        I am in Virginia. I'll take L-1's suggestion about the expert law site. But, I was also wondering how you would deal with this situation in your state.

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        • #6
          Originally posted by Sarabande View Post
          I am in Virginia. I'll take L-1's suggestion about the expert law site. But, I was also wondering how you would deal with this situation in your state.
          The tenant residency issue is civil and I wouldn't get involved. Marijuana possession is a minor misdemeanor (non-arrestable) in Ohio, so it wouldn't exactly be a huge investigation. Marijuana or paraphernalia in plain view in a common area of the residence could easily get you cited for possession, even if you claim it's "not yours." That's in general for me...as with everything, the officer will deal with it based upon the circumstances at the time and the applicable state laws.
          "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
          -Friedrich Nietzsche

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          • #7
            Originally posted by Sarabande View Post
            I am in Virginia. I'll take L-1's suggestion about the expert law site. But, I was also wondering how you would deal with this situation in your state.
            IL has very restrictive laws on the matter. Once someone establishes residency, you can only remove them through a formal eviction process via the courts. This means that even if they don't have a lease or anything official, they're just your friends buddy who needed a place to stay, once they've been there long enough to establish residency (generally 30 days), I can no longer kick them out. Neither can the homeowner or official resident.

            Even with a lease, it doesn't matter if they never pay a dime for rent. You still need to go through the eviction process. This is why rental properties are death on people living there who aren't on the lease.
            Last edited by NW121; 03-14-2019, 10:06 AM.

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            • #8
              In GA you generally have to go through the eviction process through the courts unless they voluntarily leave.

              Marijuana is still illegal here and possession is an arrestable offense.
              You can try calling the police every time you smell it and he is there but it's no guarantee they'll be able to do something.

              If it was me... I would move out immediately and have all the utilities turned off.
              Since he's an ******* I would have the utilities turned off last thing on Friday. Just so he would have to suffer through the weekend with no power or water.
              Yes an extreme measure but sometimes it's worth it when dealing with people like that.
              Last edited by westside popo; 03-15-2019, 07:40 PM.

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              • #9
                Contact an ATTORNEY who does real estate practice. You will have to evict him LEGALLY. Normally the process is quite involved and you need an expert to guide you through the legal hoops
                My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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