IfI have my medical marijuana card and am getting evicted because of a complaint from the neighbors regarding the smell, what are my rights?

I have stopped smoking since then and they believe to continue smelling the marijuana and have no evidence whatsoever.

Asked on November 8, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are being evicted due to a complaint from your neighbor due to your alleged use of marijuana in your rental, you need to carefully read the written lease that you have with your landlord (assuming you have one) in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

The problem that you have described is that your neighbor has the right to be free from second hand smoke that apparently came from your rental. The landlord is in an awkward position as to either keeping you or losing the neighbor.

I suggest that you have a face to face meeting with your landord to resolve the situation where you agree that you will do no more smoking at the rental and see if that will stop the eviction.

Good luck.


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