Can You Get Evicted for Smoking Weed in Your Apartment?

Marijuana is becoming increasingly legal, but that doesn’t always mean you can smoke weed in your apartment.

Is marijuana legal in Massachusetts?

Marijuana is legal in Massachusetts for people 21 and older, although there are limits to usage (not in public), amounts (up to 10oz or 6 plants per person), and it is regulated much like alcohol (no operating motor vehicles under the influence).

Does a no-smoking policy apply to marijuana?

If a landlord includes a no-smoking policy on a lease, it applies to all types of smoke, including cigarettes, hookah, and marijuana. Condo agreements may also include no-smoking policies.

Can renters smoke weed in their apartments?

Renters can smoke weed in their apartments if their lease does not contain a no-smoking policy. If their lease does have a no-smoking policy, they can still use marijuana in edible forms that do not produce smoke and they can still use the rental as a grow space. 

What can a landlord do if tenants are smoking marijuana?

Generally, the best way to approach situations where tenants are in minor violations of the lease agreement is to remind them of your policies and ask them not to continue. Most tenants will comply, especially if they weren’t aware it was prohibited. Repeat offenders can certainly be evicted if necessary. However, if your lease does not include a no-smoking policy, there’s not much you can do beyond asking them to stop and hoping they do, and then updating the next lease to include the prohibition.

How can tenants find 420-friendly rentals?

Smoke-free housing in Massachusetts is increasingly common, and you may not know whether or not a lease has a no-smoking policy until you are prepared to sign. One way to find weed-friendly rentals might be using a keyword search on rental sites where the description explicitly includes or excludes “smoking” or “marijuana”. Otherwise, your best bet is to seek out rentals with private outdoor space such as a backyard or garden where you can get far enough away from any doors, windows, and vents to smoke without it getting inside, as no-smoking policies usually apply to smoking near entrances.

Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK. If you have legal questions, contact an attorney or email me at Sage@CambridgeSage.com and I’ll refer you to a trusted attorney.