(Closed) Marijuana + Renting in Minnesota

posted 6 years ago in Legal
Post # 3
Member
141 posts
Blushing bee
  • Wedding: June 2013

@cupcakeface:  I’m by no means a landlord or legal Bee – but I would hate to be a renter kicked out based solely on the word of a neighbor.

Post # 4
Member
9053 posts
Buzzing Beekeeper
  • Wedding: June 2010

I’m not familiar with the landlord/tenant laws in your state, but typically there’s something about “not interfering with the peace and quiet enjoyment” of other renter’s space, not to mention you can often write a “criminal activity” clause into your rental agreement.  I would speak to them, and perhaps issue a formal warning that you each keep a copy of at this point.

Post # 5
Member
460 posts
Helper bee
  • Wedding: December 1969

I’m not a landlord or legal bee either, and though I work part time in my apartment office, I’ve never had to first hand deal with this myself. This is just how it would play out in my own complex if someone complained against me: I don’t think you should kick them out just yet. Give them a formal warning and tell them there has been a complaint made against them, remind them of the rules on the lease they signed, and to just be a bit more considerate of neighbors when it comes to things like smoking. Any further breach of their lease would result in fines/ eviction etc. Depending on what the lease states. Aren’t their laws against pot in Minnesota? I know Colorado just legalized but I don’t pay any attention to pot so I’m not sure if anyone else has… I imagine you have a rule against illegal substances?

Post # 8
Member
1222 posts
Bumble bee

I’m pretty sure that, either way, you’d have to have them drug tested before you could kick them out.

Post # 9
Member
665 posts
Busy bee
  • Wedding: September 2012

I would consultant a lawyer that is familiar with renters rights. You definitely need to give them a written warning before you kick them out. For all you know the complaining people are making it up. 

Post # 10
Member
27 posts
Newbee
  • Wedding: July 2009

I am not in Minnesota but I am an apartment manager. This, by no means, is legal advice but is a recounting of my experience. Marijuana problems are tricky for landlords. In most places, it is illegal but common enough the laws are not strictly enforced. This is what I have done in the past. First, the complaining tenant has an obligation to report the suspected marijuana use to the police (not 911) at the time of the incident. Renters have a civil obligation to maintain the integrity of the community they choose to be a part of. It is unusual for the officers to respond but it creates a third party paper trail for court. The complaining tenant must also document the incident in writing for my office. From that complaint, I generate a rule reminder letter citing our nuisance and criminal activity clauses. If more complaints come in with third party documentation, I send out a lease violation and give the tenant 14 days to arrange to meet with me to discuss the complaints and review the rules. At that meeting, I have the tenant sign another copy of the rules with the nuisance and criminal activity clauses highlighted and I explain any additional complaints will result in an eviction notice. If the tenant fails to meet with me or breaks the rules again, I pursue a nuisance eviction through the court. Your civil court clerks office can provide all the info you need to legally evict in your county. Hope this helps!

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