Smoking (pot) in an apartment may or may not be grounds for eviction

Many landlords choose to forbid smoking tobacco products in rental units, but now that it’s legal to use cannabis in New York, it’s worth taking a second look at those leases to see if marijuana use is included in that clause or not.

Until not very long ago, using cannabis was clearly illegal, and any clause in a lease about not breaking laws or using illegal drugs was probably enough to protect the landlord’s interests. Landlords who allowed tobacco use on the premises didn’t have to be concerned about being specific about what’s defined as “smoking,.” With recreational and medical cannabis use now being legal under state law but still illegal according to federal law, the situation is murkier.

No one has the right to smoke. There are reasons why a landlord may wish to forbid smoking, and if that’s the case then it’s important to be careful about how that’s worded in the lease. If you’re a landlord who doesn’t want to violate any tenant’s rights, contact Selby Legal to discuss your lease provisions.