Wednesday, June 14, 2017

Medical Marijuana Smoking Neighbor Violating Quiet Enjoyment!

When I was young, I didn't care about whether you smoked or not.
I did on occasion partake in sharing a "joint" now and then.

But, as I've grown old, and started investing in real estate, I've been more, and more keen to rules that could inhibit my real estate ownership.

For example, I don't rent units to smokers -- unless they put up an additional security deposit.
Because upon them leaving, I have to wash and re-paint the entire unit to cover/remove their smoke residue they leave behind.

With that said, recently one of my tenants let me know, he was thinking of 'moving out' because the  downstairs neighbor (who is also a renting tenant) had been for some time smoking "Medical Marijuana" in the downstairs unit. (My tenant had asked the downstairs tenant to stop. They had a verbal confrontation about it.)

***Just to clarify: this is a condo I own within a condo complex. I don't own the downstairs unit. ***

Anyway, he did tell me he complained to the HOA; and, they told him there was nothing they could do.

After being informed about this, I went and complained to the HOA, too!  And, they responded the same.

Then I threatened a lawsuit against them; they were like, okay!

Later, about a week or so ago, while golfing with my attorney friend, I asked him if I needed to retain him to help me with this situation.

He completely understood my problem because he represents other HOA's -- and they are struggling with the same problem, he said.

He told me to wait until my tenant actually moved out; and I started trying to find another tenant.  He said, once that happens, he would then begin to help me.

As we talked, he informed me that the 'new' Nevada Regulation authorizing 'Medical Marijuana" is weakly written.

He said that it does allow persons to smoke in the privacy of their own home -- as long as it doesn't interfere with their neighbor's "Quiet Enjoyment."

He said there has to be an actual case 'of loss' filed in the courts before a judge would be willing to sit and listen to this.

(I have no idea what that means, but since he's knowledgeable about the legalese of Nevada Real Estate, I'll go with it.)

In the meantime, I wait with anticipation as to my tenant's decision.

To Contact David Howes try: davidATdavidhowesDOTnet OR; 7 0 2 5 01 9 3 8 8 AND Please #Follow David on Twitter: @DavidAHowes Have a nice day!

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