The recreational use of marijuana has been legalized in the state of California, and today we’re talking about what Prop 64 means to you as a landlord.
Adults who are 21 or older can legally have up to six plants of marijuana at their homes, according to California law. We recommend that you impose a strict non-smoking policy at your rental property. This can include both tobacco and marijuana. It means that no one is allowed to smoke inside the unit or in the common areas or around any areas of the property itself. If you are consistent with this policy, and you strictly enforce it, nothing has to change at your property. You can hang signs reminding tenants and their guests of this policy all over the property.
Update all your lease agreements with addenda that mention your rules about marijuana. You can state that it’s prohibited to grow or use marijuana plants in the units or on the property. This is something you can enforce by conducting annual or bi-annual inspections. It’s important to check out your units once in a while to make sure your tenants are following the terms of your lease.
Under federal law, landlords are not required to accommodate medical marijuana users. This is not covered by the Americans with Disabilities Act. So, if someone tells you they have a disability and are smoking marijuana for medical
reasons, you don’t have to allow that. It’s not protected behavior and it’s not an accommodation you’re required to make.
There are some more in depth things we can talk about in regards to Prop 64 and how you can protect yourself and your property. If you have any questions about this or anything pertaining to Walnut Creek property management, please contact us at MSB Property Management.