California Apartment Association

In light of the burgeoning medical marijuana industry in California, CAA will pursue legislation this year clarifying that landlords can prohibit the smoking of marijuana by tenants in apartments, just as they can ban the smoking of tobacco products.

The California Apartment Association’s bill comes amid conflicting marijuana laws at the federal, state and local levels that have created challenges for both landlords and tenants.

One of the most prolific problems rental property owners face today is the tenant who uses marijuana with a valid medical card. Many neighboring tenants complain that smoking marijuana is a nuisance and that it interferes with their enjoyment of the property, especially when they have children or when a tenant has a medical issue such as asthma. At the same time, landlords face increased costs at turnover when a tenant smokes marijuana in the unit.

In California, use of marijuana with a medical card is legal. And with legislation signed into law in California last year, cultivation and transportation of marijuana for sale is also now legal, creating additional challenges for the rental housing industry.

While CAA believes that a property owner has the right to bar smoking marijuana at the rental property, legislative clarification is in order, especially for the judiciary. Unless a rental lease is clear about the prohibited use of pot, some judges have ruled that an eviction for smoking marijuana is a federal issue not suitable for the local courts.

CAA’s legislation will focus on the right of a property owner to ban a tenant from smoking marijuana and will likely be similar to the CAA-sponsored legislation clarifying that landlords can prohibit smoking tobacco in their rental units.

In the coming weeks, watch for specifics about this pending legislation and a bill number once the legislation is introduced.