Under certain circumstances, landlords in Florida can evict tenants for smoking marijuana on their property because it is illegal under federal law. Most landlords also have leases that prohibit the use of drugs and even cigarettes inside an apartment or a house.
Despite this, it is worth mentioning that landlords can make exceptions. For example, a landlord can choose to issue a warning or overlook marijuana usage on their property.
Do medical marijuana cards protect tenants from eviction?
If a tenant has a license that allows them to use marijuana for medical reasons, a landlord can still evict them depending on the lease terms.
Even if Florida protects users of medical marijuana, housing rules take top priority. If a landlord has it written in their contract that marijuana use, regardless of the reason, is forbidden, then tenants must honor that. Breaking the contract by violating the lease terms is grounds for a landlord to evict a tenant.
It is up to the landlord if they want to enforce or overlook marijuana usage on their property. This is because even if marijuana has medical benefits, it can be a nuisance for the landlord and neighbors because of the odor and the smoke.
Understanding drug crimes with legal guidance
Laws concerning drug crimes can be difficult to make sense of without the guidance of a legal professional. Because being convicted of drug use is a serious issue, both landlords and tenants hire attorneys to help them navigate the laws and better understand their rights with drugs and housing. Contact the Law Firm of Scott T. Moorey at 888-821-9168 for legal advice and guidance.
