As a Colorado based company, the question of marijuana in rental properties has become more and more prevalent in our business. Landlords want to know if the legalization of marijuana in Colorado have forced them to allow it in their properties. The answer is no. However you absolutely must state the restriction in your lease. If you stay silent on your smoking or marijuana policy in your lease agreement, you open yourself up for tenants bringing marijuana into your property with little to no recourse.
It’s important to note that smoking is not a protected class. While Colorado law permits the usage of marijuana, you as a landlord have the right to restrict it in your property. Especially given that marijuana is not legal on a federal level.
The clause we have instated into our lease agreement here at Grace Management is as follows:
“Recreational marijuana use is legal in Colorado. However, both Colorado law and federal law give us the right to prohibit it. Marijuana use, possession, and/or growing is prohibited on the property and violators will be evicted.”
If you do choose to allow your tenants to use or possess marijuana in your Colorado rental unit, be sure to restrict the growing of marijuana plants in your property. This can cause mold and other serious problems. Be cautious if you decide to go this route and do your research. Remember to be clear in your lease agreement about what you will and will not allow in your property. We recommend including a Crime and Drug Free Addendum in your lease where you can clearly state your own rules. This is important for your rental properties in Thornton and Northglenn.
QUESTION: Rather then hire a property manager for my Erie home, I self manage it. My tenant said they want to bring in a "service animal" for their child with emotional problems. I have heard that I can not consider this a "pet"? That does not make sense to me; when is a pet not a pet??
ANSWER: When it is a service animal. Be cautious in how you deal with requests for service animals. Federal law governs this process and a professional property manager in Erie or lawyer should be consulted before you say 'no'. It is illegal to charge additional security deposit for a service animal.
If you have any questions or are dealing with a marijuana related issue in your rental property, please give us a call. Our team is happy to help. 303-255-1990