If my roommate has informed me that he will be smoking pot in the communal areas of our apartment, what is my right to not being exposed to marijuana smoke in my own home?

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If my roommate has informed me that he will be smoking pot in the communal areas of our apartment, what is my right to not being exposed to marijuana smoke in my own home?

Besides being a non-drug user, I also have a job where I get drug tested.

Asked on February 7, 2015 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't have any rights under landlord-tenant law generally--landlord-tenant law simply does not address this issue. You might have rights under the terms of the lease, if the lease forbids drug use or criminal conduct...but the problem is, *you* can't really enforce those lease provisions, but rather the landlord does--and if you tell the landlord, you may give him/her grounds to evict your whole apartment.

You could contact the police--drug smoking is a crime. That has it's own issues--while, if you report the crime, you are unlikelty to face criminal liability, your roommate may physically retaliate against you; and even if he does not, if he is arrested and cannot pay rent, you may not be able to afford the unit.

There really are no good answers, unfortunately; you may need to look into moving out.


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