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Colorado Realty and Property Management, Inc. Colorado Springs

Property Managers Colorado Springs | Colorado Springs Property Managers

What’s the best way to prove that a tenant is smoking marijuana in violation of the lease?

When it comes to proving smoking issues, it can be challenging. How can you prove the tenant is smoking if no one sees them?

 

You might be able to use a couple different methods. The complaints about smoke smell probably came from neighbors. If you can “box” the smoke in, you’ll be able to point the finger at the tenant. In essence, if the neighbor above, the neighbor below, as well as the neighbors on both the left and right sides of the tenant smell smoke, and the smell is strongest towards the alleged smoker, there is certainly favorable circumstantial evidence to suggest that particular tenant is smoking.

Secondly, marijuana smoke leaves an odor in enclosed spaces. Again, if you inspect the property, and it smells of marijuana (but none of the nearby neighbors’ premises do), a favorable inference can be drawn.

Who Is Responsible For Replacing Dead Smoke Detector?

The answer to this question is partly determined by your lease. Does a working smoke detector fall under the responsibility of the tenant? The lease specifies that the tenant is responsible for smoke detector batteries and, if the detector does not work, to notify the landlord. It is not the tenant’s responsibility to maintain smoke detectors if the lease doesn’t address it. As the landlord, you would buy new batteries and install them if tenants are responsible for batteries.
The smoke detectors are clearly tenant responsibility, so I would talk to them and then put a seven-day notice on their door regarding non-compliance, since they are in default on their lease.
You are putting your tenants’ health and safety at risk, as well as your property could be at serious risk of fire without warning. It may seem like a small issue, but it could threaten your life.

Finally, in the event of a smoking complaint, it may be appropriate to have the building manager walk through the hallway (assuming it’s a multifamily building). The manager can smell marijuana from the outside if he walks past the tenant’s door.

At the end of the day, the best proof is what you can see and what someone can attest to. It is always risky if you do not have that kind of proof, but that risk must be weighed against the headaches your other tenants are currently experiencing.