Can An Apartment Kick You Out For Smoking Weed

Can An Apartment Kick You Out For Smoking Weed?

For cannabis enthusiasts, marijuana legalization is an excellent win. People use and order cannabis for various purposes. Some folks are worried about weed delivery DC. However, in DC, there are various online delivery services, such as But people are confused about whether enjoying these services is banned in the rental unit or not.

Despite, these improvements federal-local laws or rental agreements can restrict the use of cannabis in an apartment. So are you confused about your landlord’s right to prohibit you from smoking? 

Marijuana laws vary dramatically in the United States, which causes issues for marijuana users. Well, do not sweat! We will address you about marijuana possession and landlords’ right regarding smoking.

There Is No Absolute Right to Smoke

No federal and State-laws allow weed users to consume weed when and where they want. Tenants do not have a right to smoke in their rentals. The State and the federal government can prohibit all types of smoking. However, the laws regarding how and where people can smoke vary dramatically.

The use of marijuana for any purpose is illegal under federal laws. The possession and smoking of a banned substance anywhere in the private rental unit can expose a person to being charged with a federal crime. 

Can You Be Evicted for the Smell of Weed?

It is complicated to evict someone from the apartment. However, a landlord can evict a smoker who is causing the problem to their neighbors. The smell of weed can be miserable for neighbors, and they can complain by saying we do not have to live next door, above, or below them.

Whether marijuana is legal or illegal in your State, you have to look at the relevant statute or ordinance for guidance. Some State anti-smoking laws are silent on this matter. To find outlaws in your area, you can search online, such as, or do an internet search for anti-smoking laws.

Landlord Have Right to Restrict Smoking:

A landlord can limit or prohibit smoking even there is no applicable anti-smoking law. A landlord can restrict smoking due to the following reasons:

  • Health concern
  • Smoker nuisance
  • Fire hazards on the property
  • Reduce fire insurance premiums
  • Avoid stains & odor

In addition, a landlord can prohibit smoking avoiding lawsuits.

  • Nuisance – that annoy other tenants
  • Breach of the duty to keep the rental habitable

Generally, apartment owners inform the anti-smoking policy through the rental agreement. If you are not sure about smoking weed in the apartment, you can ask the owner before signing anything. Also, familiarize yourself with any State and local smoke laws. 

Can an Apartment Owner Evict a Tenant for Smoking Weed?

No-smoke policy prohibits all types of smoking, including marijuana for medical purposes. If your owner has added a no-smoke policy in a lease or rental agreement, you can be evicted for smoking weed. Also, a landlord can evict a tenant who smokes as the possession and smoking of marijuana is a federal crime. 

Never sign a rental agreement without checking smoking policies. Try to hold out a rental that meets your needs.

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