HOW DO COLORADO LANDLORDS DEAL WITH TENANT MARIJUANA USE

Dated: 06/01/2014

Views: 1022

Colorado and Washington State became the first two states to legalize the recreational
use of marijuana.  
Landlords should review their rental criteria and their lease documents
for 
protective provisions related to marijuana storage, growing and usage 

Can a landlord prohibit tenants from using marijuana
on leased property? Yes.
Regardless of Colorado law, 
marijuana is still illegal under federal law.  Proper 
lease language can address potential problems. 


Colorado Amendment 64 recognizes the right of a landlord to restrict marijuana use
on leased property, and addresses the possession, consumption, use, and growing of
marijuana on that property.

Any lease language should clearly state that use does not including growing marijuana.
Allowing tenants to grow marijuana can result in significant problems, including mold.
Landlord should publish the property's or community‚Äôs marijuana policies to
prospective tenants.
Renters in Colorado are advised to consult with their landlords to see what
is permitted in their rental units.
 
Landlords are emphatically advised to seek competent legal counsel to review any and
all leases and publications related to marijuana storage, growing and usage.

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Sheryll White

As a Full Time real estate agent for the past 23 years, Sheryll has helped hundreds of home owners in Colorado buy and sell their homes. Sheryll's easy going, no pressure style and her in depth knowl....

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