Can an Apartment Kick You Out for Smoking Weed?

Yes, regardless of state rules, but it is also unconstitutional on a federal level. If there are laws against smoking weed in your apartment, you will be evicted. Perhaps not because you're bothering someone or causing property damage.

Smoking weed in your building can be difficult sometimes, depending on your living conditions and local rules. Weed has a distinct odor that is easily recognized by almost everyone and can quickly spread long distances, particularly in enclosed spaces.

If you live in a multi-unit building, you might be afraid that your neighbors may be able to detect the burning herb's odor, trace its source, and complain to the landlord, causing all kinds of problems for you. Marijuana policies are changing rapidly all over the United States. This article helps you to know can an apartment kick you out for smoking weed.

Federal Smoking Laws

Smoking is legal in the United States. Its use of private rentals is unrestricted by the federal government, but it is restricted in public housing. Tenants do not have any right to smoke in their apartments. There is no state or federal statute that gives people the right to smoke whenever and anywhere they choose. Smoking bans aren't racist, either: state and federal statutes forbid discrimination depending on such characteristics (such as age and national origin), but smoking isn't one of them. Some Weed Delivery DC delivers weed in your home. They make every effort to follow all state laws and rules governing cannabis access.

In reality, all forms of smoking can be restricted by states, counties, and the national government. The laws governing how, when, and where people will smoke, however, differ.

Can you be Kicked Out from an Apartment for Smoking Weed?

All types of smoking, including smoking weed, are prohibited under a strict no-smoking policy. A homeowner may evict or end a tenant's contract if a no-smoking clause is included in the agreement or rental contract. If the no-smoking rule is included in the rental's terms and conditions (but not included in the contract or rental contract), the owner might be limited in his or her ability to cancel the tenancy or evict the occupant if the tenant regularly breaks the rules.

Homeowners may also be entitled to terminate a contract or evict depending on a clause in a lease or leasing arrangement that prohibits “illegal activity.” Possession and use of marijuana are still illegal under federal law. The conditions determine whether a landlord can evict a homeowner for smoking pot purely based on the unlawful behavior provision. When the tenant has no prior criminal records, and the illegal act is mild, often courts will refuse to evict them (especially if marijuana is legal under state law).

Personal View on this Point

A few times in all my years of managing an apartment building, I had to evict some people due to their excessive smoking. We had to evacuate them from the apartment because their smoking habit was causing serious problems for their neighbors.

It's difficult to kick out anyone just because you or a neighbor believes they "smell" weed. Those who aren't acquainted with the scent will sometimes misinterpret some odor for marijuana and use it to create trouble with a resident they don't like. The pair in question would not only smoke several hours a day but they would also practically "hot-box" their apartment by smoking with their door open and people who are coming and leaving. They weren't even trying to hide their intentions. They have turned off all of their smoke detectors so that they wouldn't go off.

Not only their room smell like marijuana, but also the corridor, and you could smell it before ever entering the building where their apartment was located. Our apartment complex's state still considers marijuana illegal, except for medicinal purposes, so there was nothing, if anything, they could claim in defense. My manager and I had smelled it frequently. After that, we kept receiving report after report. Eventually, the police arrived. They returned twice. And so, the neighbors began to get threats from weed users, and they were concerned about security.

Homeowner has evicted them primarily for being "annoying to other residents" and infringing on their right to a "peaceful and undisturbed domicile." This suggests that it wasn't their weed smoking that had them thrown out; it was their habit of making their neighbors' apartments unlivable and becoming a direct disturbance to them regularly. That was not what these tenants were offering!


If you want to smoke in your apartment, its best to first find out the smoking rules. Then sign a lease or leasing contract. It can be challenging to locate high-quality marijuana. is an excellent weed delivery service; they can deliver quality weed in your home considering the state law. If your contract states, you should smoke in your apartment, make sure you get the comment in writing. Otherwise, don't sign a lease or leasing deal if you know you'll be breaking the no-smoking clause.