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Do You Have to Allow Marijuana in Your Colorado Springs Rental Property?

We’re talking about a hot topic today, which is marijuana laws and how they affect your Colorado Springs rental property. A few years ago, Amendment 64 was passed in Colorado, which legalized the possession and consumption of marijuana. Many landlords have asked if this means they need to allow it in their properties. There are three specific things you need to know about this topic:

You Don’t Have to Allow Marijuana

You don’t have to allow marijuana in your rental property, and you probably shouldn’t allow it. It can be a breach of lease if tenants possess or consume marijuana while living there. Many tenants may argue that marijuana is legal, but that doesn’t mean you have to make your property available to it. Amendment 64 has a specific part about landlords that doesn’t require you to allow it.

Address Marijuana in Your Lease

You should have a lease clause or a crime free / drug free addendum that addresses this. It needs to say clearly and simply that you are opting out of the marijuana laws, and that you aren’t going to allow the possession or consumption of this product on your property. You definitely want to have that drafted by an attorney so you know it’s legal and will hold up in court if necessary.

Eviction Option

You can evict over breach of lease if a tenant consumes or possesses marijuana in your property, as long as it’s mentioned in your lease. This may not be the easiest eviction, and you might have to get some good legal help, but it can be done. You do have rights as a landlord.

If you have any questions about marijuana in your rental property, or anything pertaining to Colorado Springs property management, please contact us at Muldoon Associates.

Posted by: muldonassociates on April 5, 2017
Posted in: Uncategorized