Post # 1
I’m looking for advice I hope you bees can help.
I own a duplex in Minnesota (that I currently rent out) and one of my tennants is saying that their new neighbors (moved in about 4 days ago) has been smoking pot heavily — the back entrance of the new neighbor’s apartment is left open so the smell wafts out to the back stairwell that they share. She’s kind of a demanding tennant but she’s paid her rent on time is a generally good, trustable renter.
The lease says that there is no smoking in the house but it is permitted outside. Am I allowed to just blatantly kick these new people out? I’m not an experienced landlord.
Post # 3
@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
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
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 # 6
@ASH.: It’s definitely illegal here, no exceptions. I believe Minnesota is one of the more lenient states, that is, they don’t enforce it so heavily. I think I have criminal activity as a cause for eviction written in their lease.
I feel like I need to obtain evidence before I can make a case.
Post # 7
@PiggehBank: I’m all for privacy of one’s home and I really want to give my tennants good living conditions. I guess one of the reasons why I posted is that I feel like I need concrete evidence (like a picture of a bong in their living room, but that could be circumstantial) to start a legal process.
Post # 8
I’m pretty sure that, either way, you’d have to have them drug tested before you could kick them out.
Post # 9
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
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!
Post # 11
@missbrightlights: Just wondering, would it be a 311 number that someone would report it to to create a paper trail or just the local precinct?