If I live in an apartment and my neighbor has a medical marijuana card, can I brake my lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I live in an apartment and my neighbor has a medical marijuana card, can I brake my lease?
My neighbor may or may not have a medical marijuna card. I have 3 children when he smokes it smells up thf building. Can I get out of my lease without penalty or am I stuck until my lease ends?
Asked on December 26, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you cannot terminate your lease without penalty due to your neighbor's marijuana use:
1) If he has a medical marijuana card and is smoking it legally, he is obeying the law and doing something he has a right to; you cannot terminate your own contractual obligations because someone else is doing something he has a right to do.
2) If he is smoking illegally, you *still* can't terminate your lease; the lease is a contract between your landlord and yourself, and your obligations to the landlord, and the landlord's rights (such as to receive rent from you) are not affected by the criminal activities of third parties not under the landlord's control, including your neighbors. You could however, in this case, report the marijuana to the police; if your neighbor is arrested, that may stop the smoking.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.