Medical Marijuana use by other tenants disturbing other tenants (apartment, rental)

[kittiealoha55]

We rented a home 2 months ago and we have a 1 year lease. There are 3 units on the property. 14 days ago our landlord rented the unit next to us, connected to us to another couple. their front door is just 20 feet away. The bathroom of their unit is located on our enclosed lanai also. they smoke pot all the time. It comes into our house, lanai and our front entrance constantly. I notified the owner about this problem. The new tenants told her that they have a medical marijuana license and that they can legally smoke marijuana. She did not ask for proof but told them they could not smoke on the premises at all. Well that lasted a few hours and they smoke constantly. As I said we have a 1 year lease and now the owner wants us to break our rental contract and move, her stating that "the other tenants have lot's of money & will sue me if I ask them to move out"! If we move out it is us breaking the lease and she can legally keep charging us for the term of the lease. Anyone have this problem?

[kharing]

Ask them to burn incense or get an air purifier to kill the odor.

[whtviper1]

Originally Posted by kittiealoha55

The bathroom of their unit is located on our enclosed lanai also. they smoke pot all the time. It comes into our house, lanai and our front entrance constantly. I notified the owner about this problem. The new tenants told her that they have a medical marijuana license and that they can legally smoke marijuana. She did not ask for proof but told them they could not smoke on the premises at all. Well that lasted a few hours and they smoke constantly. As I said we have a 1 year lease and now the owner wants us to break our rental contract and move, her stating that "the other tenants have lot's of money & will sue me if I ask them to move out"! If we move out it is us breaking the lease and she can legally keep charging us for the term of the lease. Anyone have this problem?

A couple of things to keep in mind:

If a unit is a non-smoking rental and you have a medical marijuana license, that does not mean you can legally smoke marijuana in your rental. That is not a protected disability.

The landlord can choose to evict that tenant (which may take 90 or more days) and be expensive or decide to look the other way.

When the landlord chooses to not address the issue - I recommend:

A verbal conversation - which it sounds like you did and it was not to your satisfaction.

State in writing you wish to break the lease, Hawaii Revised Statutes Chapter 521, Section 63 covers your situation. "Termination at Any Time - Section 63. If a condition exists within the premises that is not due to the tenant's neglect and that substantially deprives the tenant of enjoyment of the dwelling under the rental agreement, the tenant may notify the landlord in writing of the situation and terminate the rental agreement if the condition is not remedied within one week. No notice needs to be given if the condition poses an imminent threat to health or safety. If the condition was caused by landlord's negligence or done willfully, the tenant may recover any damages caused by the condition."

The landlord has 1 week to remedy the situation. If not, go to court. A doctor statement would be helpful to the judge or if you work in a drug-free/drug-testing environment.

[hotzcatz]

Originally Posted by kittiealoha55

<SNIP> As I said we have a 1 year lease and now the owner wants us to break our rental contract and move, her stating that "the other tenants have lot's of money & will sue me if I ask them to move out"! If we move out it is us breaking the lease and she can legally keep charging us for the term of the lease. Anyone have this problem?

What's the problem? Isn't your lease with her? If both parties agree to the termination of the lease, then there isn't a problem, is there? If you're worried about her suing you, then get it in writing that it's okay for the lease to be terminated and you're good to go.

[hawaiian by heart]

Why notify the landlord first to deal with the situation? Maybe approaching your neighbor with aloha and introduce yourself first might have worked out better for you? Often those on medical pakalolo are on it for cancer etc. You may have been able to learn something of your new neighbors and by approaching it yourself with aloha, you may have also shown compassion and in return your neighbors may have show Aloha and compassion and honored your request. Unfortantly that chance is gone.

We often hear from others how Hawai'i is not the mainland.

[whtviper1]

I would never recommend someone approaching a known drug house - that seems incredibly unsafe and dangerous. The risk of bodily harm, nails in your tires, and a potentially combative situation with known drug users has high risk that would outweigh potential rewards. It is the landlords job to correct and remedy.

[hawaiian by heart]

Originally Posted by whtviper1

I would never recommend someone approaching a known drug house - that seems incredibly unsafe and dangerous. The risk of bodily harm, nails in your tires, and a potentially combative situation with known drug users has high risk that would outweigh potential rewards. It is the landlords job to correct and remedy.

This of course what whiteviper1 says is understandable in a meth type or other serious drug situations. We are talking pakalolo here and a person with a medical card. Pakalolo is commonly used in Hawai'i. The approach with aloha in this situation is better then escalating the situation by bringing in the land lord or the athorities first when most likely a humble approach of hello im your neighbor and i have asthma might work better. Remember everyone knows someone who knows someone else who knows you or your ohana. Small world and island Hawai'i is.

[whtviper1]

Originally Posted by hawaiian by heart

We are talking pakalolo here and a person with a medical card. Remember everyone knows someone who knows someone else who knows you or your ohana. Small world and island Hawai'i is.

Just because you have a medical card - doesn't mean you have it for medical reasons. And if a tenant is going to blatantly smoke anything in a non-smoking residence and potentially damage a residence with smoke then I don't see a group hug and I won't smoke in my house anymore happening.

Remember, everyone knows someone who knows someone else........including Doctors.

[majicdonjuan]

Originally Posted by whtviper1

Just because you have a medical card - doesn't mean you have it for medical reasons. And if a tenant is going to blatantly smoke anything in a non-smoking residence and potentially damage a residence with smoke then I don't see a group hug and I won't smoke in my house anymore happening.

Remember, everyone knows someone who knows someone else........including Doctors.

How exactly can you damage a residence with marijuana smoke?

Additionally, they could have an actual medical issue that this works well for - I tend to agree that a quick chat is probably in order moreso than the nuclear option of going to the landlord. Even if the OP can't necessarily get the neighbor to stop, he might be able to get the neighbor to agree to take measures to help moderate the smell and effects. There's more than one way to skin a cat.

I agree with HBH that the chance to do anything other than further escalate the situation is likely out the door at this point. Good luck!

[whtviper1]

Originally Posted by majicdonjuan

How exactly can you damage a residence with marijuana smoke?

http://www.mnsmokefreehousing.org/do..._apartment.pdf

Seriously??? Carpet, curtains, stains, and the list goes on and on.....

"Individual units may vary, but a thorough restoration of a 2-bedroom apartment could cost up to $15,000."