Can a Landlord evict a Tenant in New Jersey for Smoking Marijuana?

14 Oct Can a Landlord evict a Tenant in New Jersey for Smoking Marijuana?

As marijuana becomes increasingly accepted and legalized across New Jersey, landlords may face new challenges when dealing with tenants who smoke marijuana. One frequent concern is how to handle marijuana smokers in rental properties, especially in comparison to tenants who smoke cigarettes. This post will explore how landlords can address these issues, particularly when tenants violate quiet enjoyment rules or lease terms regarding smoking.

Marijuana vs. Cigarette Smoking: A Landlord’s Perspective

New Jersey law allows the recreational use of marijuana for adults, which can create confusion for landlords. However, just because marijuana is legal doesn’t mean tenants have an unrestricted right to smoke it in rental units. Much like cigarette smoking, marijuana smoking can be regulated in accordance with your lease agreements.

If your property has a non-smoking policy in place, it can apply equally to both cigarette and marijuana use. As a landlord, you have the right to enforce lease terms that prohibit smoking of any kind, including marijuana. The key is ensuring that these rules are clearly defined in your lease agreement. This helps to mitigate complaints from other tenants and protect the property from smoke damage.

Protecting Quiet Enjoyment- The Rights of Landlords in New Jersey

One of the central duties of a landlord is to ensure that all tenants can enjoy their rental units in peace. Under New Jersey law, tenants are entitled to “quiet enjoyment” of their homes, which means they shouldn’t be disturbed by other tenants’ actions. If a tenant smokes marijuana or cigarettes and it disrupts their neighbors’ ability to enjoy their space — whether due to secondhand smoke, odors, or other nuisances — they could be breaching the quiet enjoyment of their fellow tenants.

In cases where smoking causes such disturbances, you may have grounds to take action. If other tenants complain about marijuana or cigarette smoke that is affecting their health, comfort, or peace of mind, the smoking tenant could be in violation of their lease.

Enforcing Non-Smoking Lease Provisions

If your lease agreement includes a non-smoking clause, and a tenant is violating it by smoking marijuana or cigarettes, you have legal grounds to address the situation. Depending on the lease, you may:

1. Issue a Notice to Cease: This is the first step in informing the tenant of their lease violation. It serves as a warning and allows the tenant to stop the behavior.
2. Issue a Notice to Quit: A Notice to Quit may be issued if the tenant fails to comply after the initial notice. This is the first step toward beginning the eviction process for lease violations.
3. Initiate Eviction Proceedings: If the tenant continues to violate the non-smoking policy and breach the quiet enjoyment of other tenants, eviction may be necessary. Documenting all complaints, notices, and steps taken is essential, as this will be critical in court if the tenant contests the eviction.

Grounds for Eviction in New Jersey

In New Jersey, eviction laws stipulate that a landlord must have proper grounds to evict a tenant, such as non-payment of rent or violation of lease terms. If a lease clearly prohibits smoking or the use of illegal drugs on the property, and a tenant breaches these terms, it could potentially serve as a basis for eviction. However, the process involves legal proceedings, and tenants have the right to defend their actions in court.

Crafting a Strong Non-Smoking Policy

To avoid ambiguity, your lease agreements should be clear about your property’s smoking policies. Consider the following:

• Explicitly prohibit smoking of any kind: This can include both cigarette and marijuana smoking, and even vaping, depending on your preferences.
• Outline penalties for violations: Make sure the consequences of violating the smoking policy are clearly spelled out, including potential eviction.
• Provide designated smoking areas: If a total smoking ban isn’t feasible or desirable, designating specific outdoor areas where tenants can smoke can help mitigate issues.

Conclusion

As a New Jersey landlord, you have the right to enforce non-smoking policies for both cigarettes and marijuana in your rental properties. By ensuring that your lease agreements are clear and by addressing violations promptly, you can protect your property, uphold the rights of other tenants, and take action if a tenant’s smoking becomes a disturbance. If you’re unsure about how to navigate these situations, it’s always wise to consult with an attorney to ensure that your actions are within legal bounds.

If you need assistance in creating or enforcing non-smoking policies in your lease agreements, feel free to reach out to our office for expert legal guidance tailored to New Jersey landlords.