If my husband smokes marijuana in the apartment and I want tp leave him, can I get himoff ofthe lease?

Asked on March 20, 2011 under Real Estate Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are you your husband's landlord (i.e. is he renting or subletting from you)? If not, you have not right or grounds yourself to get him off the lease or evict him. If there is a lease provision that prohibits either drug use specifically or criminal activity generally (assuming this is not in some fashion legal marijuana use, such as medicinal), then you could report this to the landlord and ask the landlord to take action (you are a third-party beneficiary of that lease term); the landlord may be able to evict your husband on these grounds, if there is a lease violation.

More basically, if you disapprove of your husband's marijuana use at home and want him out of the home, perhaps you should be thinking of divorce, not eviction. You may wisht to consult with a family/divorce/matrimonial attorney.

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