Can Ohio landlords evict people for smoking marijuana?

It may be directly addressed in your lease agreement. But if it isn’t, there can still be other ways it could get you evicted.

TOLEDO, Ohio — There are a lot of questions swirling around the Nov. 7 passage of Issue 2 to legalize recreational marijuana in Ohio.

Viewers are asking if they rent, can they be evicted for smoking marijuana?

Our source is Toledo-area attorney Jeremy Levy, with Levy & Levy law firm.

“If the lease agreement that you signed with your landlord specifically says that you can’t smoke marijuana in your unit, then you can’t,” Levy said.

Some leases might already say you can’t smoke tobacco in your home, even though tobacco is legal. 

If it doesn’t state in your lease that you can or can’t smoke marijuana, there could be other ways it could get you evicted.

“With that smell or if the use of it really interfered with somebody else’s ability to quietly enjoy their home then that certainly could be grounds that could be used,” Levy said.

So, if it states in your rental lease that you can’t smoke weed in your rental, then your landlord can evict you. Even if it’s not addressed in your lease, it’s a good idea to be discrete so you don’t disturb neighbors.

Levy recommended checking your lease before you decide to smoke marijuana in your rental. He also advised knowing what your lease states about marijuana before moving in and agreeing to it.

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