IN THIS BLOG:
- Do landlords have to allow marijuana in their rental properties?
- How can landlords restrict the use of marijuana in their lease?
- Other common landlord concerns: how can landlords best restrict pets in their property?
As a Colorado based company, the question of marijuana in rental properties is more relevant than in other places. Does the legalization of marijuana in Colorado force landlords to allow it on their properties? The answer is no. However, you absolutely must state the restriction in your lease. Smoking is not a protected class. While Colorado law permits the use of marijuana, landlords have the right to restrict it on their rental property. If you stay silent on your smoking or marijuana policy in your lease agreement, you can not restrict it on your property.
The clause we have instated into our lease agreement here at Grace Management is as follows:
“Recreational marijuana use is legal in Colorado. However, both Colorado law and federal law give us the right to prohibit it. Marijuana use, possession, and/or growing is prohibited on the property and violators will be evicted.”
Landlords who choose to allow tenants to use or possess marijuana in their Colorado rental units should still restrict the growing of marijuana plants on their property. Growing marijuana can cause mold and other serious problems. Be cautious and do your research. Remember to be clear in your lease agreement about what you will and will not allow in your property. We recommend including a Crime and Drug Free Addendum in the lease where rules are clearly stated.
QUESTION: Rather then hire a property manager for my Erie home, I self manage it. My tenant said they want to bring in a "service animal" for their child with emotional problems. I have heard that I can not consider this a "pet"? That does not make sense to me; when is a pet not a pet??
ANSWER: When it is a service animal. Be cautious in how you deal with requests for service animals. Federal law governs this process and a professional property manager in Erie or lawyer should be consulted before you say 'no'. It is illegal to charge additional security deposit for a service animal.
If you have any questions or are dealing with a marijuana related issue in your rental property, please give us a call. Our team is happy to help. 303-255-1990
