Judging from a host of business and legal sources, it appears landlords can just say no. Or, if they’re so inclined, they can allow pot use in their rental units. Even one of Prop 64’s biggest boosters says so.
“Landlords are still able to prohibit their tenants from smoking marijuana on site,” said Michael Cindrich, a San Diego attorney and executive director of the local chapter of the National Organization for the Reform of Marijuana Laws (NORML).
The state’s trade association for apartment landlords agreed.
“The short answer is yes, a private property owner could prohibit the smoking of marijuana at his or her property,” said Debra Carlton, senior vice president of public affairs at the California Apartment Association (CAA). “The landlords could also say yes, but they are allowed to say no and restrict it or ban it altogether.”
What is a landlord or property owner to do? First and foremost, your policy should be in your lease. Consult an attorney or property management company for additional information on this topic.