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Can a tenant be evicted for smoking medical marijuana?

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  • 17-06-2020 2:09am
    #1
    Impports
    Registered Users Posts: 1 ✭


    Question in the title. The lease clearly states that no smoking is allowed inside the house, doesn't specify any particular substance.

    The tenant in question didn't disclose that they smoked it until we (other tenants) questioned the smell. They did how ever say it wasn't prescribed (or reccomended) by their doctor.

    Totally in the dark on this so any help is appreciated.


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Impports wrote: »
    The lease clearly states that no smoking is allowed inside the house

    What's the confusion?


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    #3
    shaveAbullock
    Closed Accounts Posts: 965 ✭✭✭shaveAbullock


    The title is odd because I'm sure you know medical marijuana not prescribed = illegal drugs

    Did you ask them to please smoke outside?


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    #4
    ronivek
    Registered Users Posts: 1,916 ✭✭✭ronivek


    There's no such thing as medical marijuana in Ireland as far as I'm aware: the only cannabis products allowed to be prescribed are orally administered drops.

    Presumably as such any tenant you politely asked not to smoke should surely pay attention.


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    #5
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,845 Mod ✭✭✭✭L1011


    Cannabinoids prescribed in Ireland are not smoked.


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    #6
    [Deleted User]
    Posts: 3,505 ✭ [Deleted User]


    It doesn't matter what's being smoked. The clause would have been put in to protect the house from damage. Smoke smells, as you've already said, and that smell can accumulate and linger in a house for a long time. Tobacco would be a worse offender really as it's got all the additives and tar etc., but smoke is smoke.

    If the house is going to smell of smoke (marijuana or otherwise) when that person moves out, or when an inspection comes around, the landlord wont be happy. I doubt they'll care whether it's medicinal or not, and I doubt they'll care which one of you it was.

    I think you and the other tenants need to have a conversation with this person, and if they continue to smoke I'd report them to the landlord to make sure you distance yourself as far as possible from damage being done to the house.


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    #7
    Marcusm
    Registered Users Posts: 10,217 ✭✭✭✭Marcusm


    If this was a discussion about smoking some mackerel or trout I could see the prospect of a discussion. Can’t see how a no smoking clause would not apply to a Person smoking tobacco, cannabis or whatever, prescribed or not.


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    #8
    gibgodsman
    Registered Users Posts: 564 ✭✭✭gibgodsman


    1st post, surely this is a troll thread? Its still illegal to smoke Marijuana in Ireland, there is no prescribed smoked substance here either, your either trying to have a laugh or your still high from smoking it. Either way, 2 forms of eviction there, smoking which breaks the lease, and doing something illegal in the property which also breaks the lease


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    #9
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    if that tenant is there longer than 6 months they have Part 4 tenancy rights. In practice, this more or less means they are all but unevictable. Part 4 rights trump anything that might be in a lease agreement. once a tenant has part 4 rights, then whatever lease agreement they might have becomes largely redundant.

    Furthermore, the recend Covid laws introduced make all evictions unlawful, regardless of circumstances.

    I'm afraid you are stuck with him so try to come to some arrangement is the best I can offer.


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    #10
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    TheBoyConor wrote: »
    I'm afraid you are stuck with him so try to come to some arrangement is the best I can offer.

    Here's an arrangement.. Tell him you'll call the guards if he smokes in the house.


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    #11
    US2
    Registered Users Posts: 2,651 ✭✭✭US2


    It's only a matter of time before the lazy pothead starts missing rent. Report to landlord immediately.


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    #12
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    TheBoyConor wrote: »
    if that tenant is there longer than 6 months they have Part 4 tenancy rights. In practice, this more or less means they are all but unevictable. Part 4 rights trump anything that might be in a lease agreement. once a tenant has part 4 rights, then whatever lease agreement they might have becomes largely redundant.

    How do Part 4 right protect a tenant against a 28 day notice for breach of tenant’s obligations?


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    #13
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    refraining from smoking weed is not a statutory obligation of the tenant under the RTAs


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    #14
    Ricosruffneck
    Registered Users Posts: 1,948 ✭✭✭Ricosruffneck


    US2 wrote: »
    It's only a matter of time before the lazy pothead starts missing rent. Report to landlord immediately.


    Smoking anything inside is bad form.

    bit of a generalisation there. Joe Rogan would have words with you. And possibly offer you DMT.


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    #15
    US2
    Registered Users Posts: 2,651 ✭✭✭US2


    Ricosruffneck wrote: »
    Smoking anything inside is bad form.

    bit of a generalisation there. Joe Rogan would have words with you. And possibly offer you DMT.

    That's entirely possible.


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    #16
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    TheBoyConor wrote: »
    refraining from smoking weed is not a statutory obligation of the tenant under the RTAs

    Additional obligations can be imposed on either landlords or tenants but only in so far as they are consistent with the Residential Tenancies Act.

    I see nothing that would make a no smoking rule inconsistent with the act.


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    #17
    utmbuilder
    Registered Users Posts: 467 ✭✭utmbuilder


    Tell them to open a window as it's making you sick


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    #18
    DubCount
    Registered Users Posts: 1,068 ✭✭✭DubCount


    This country has gone to pot !!


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    #19
    alcritic
    Registered Users Posts: 4 ✭alcritic


    US2 wrote: »
    It's only a matter of time before the lazy pothead starts missing rent. Report to landlord immediately.

    Ah yes because nobody who ever had a decent job or wasn't a bum has smoked grass. *Rolls eyes*


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    #20
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,845 Mod ✭✭✭✭L1011


    alcritic wrote: »
    Ah yes because nobody who ever had a decent job or wasn't a bum has smoked grass. *Rolls eyes*

    Please don't pointlessly bump dead threads


This discussion has been closed.
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