Am I legally liable for my subtenant smoking pot?

[Jpeg_Jones]

I’m renting a home right now. In this home is a separate downstairs apartment with its own kithcen, which I’m sub-renting out. The ventilation system is shared.

I can easily tell when she’s smoking pot. I don’t have any moral or ethical problems with it, but I don’t want to be exposed to any legal liability. Would I be in trouble if the cops showed up and busted my sub-tenant?

[hajario]

As long as you don’t know or shouldn’t have known about the illegal activity, you should be fine. You have admitted that you are aware of this activity but since it was anonymously, you can still play dumb.

Haj

[TubaDiva]

Oh dear.

Quoting from the registration agreement, which perhaps you should go read over here: Straight Dope Registration Agreement

**Users should be particularly wary of medical, legal or other professional advice posted on the message boards and recognize that it is no substitute for in-person consultation with a competent professional. **

Your mileage may vary, depending on the laws of your jurisidiction, your landlord, your lease (or lack thereof), your subtenant’s lease (or lack thereof), what exactly your subtenant is smoking/taking/doing over there, and the due diligence (or lack thereof) of your local law enforcement officers.

There’s times professionals are worth the money; if you’re concerned about it, go talk to a local attorney and find out for sure.

your humble TubaDiva
Administrator
Don’t bogart that joint, my friend.

[don_t_ask]

It’s incense man.

[Ennui]

IANAL but I am a landlord, <Insert TubaDiva’s wise disclaimer here> knowing nothing of the laws of your jurisdiction I believe it is very likely that if your subtenant were ever busted in any way you could in fact be evicted. The laws here in Ohio are pretty clear (I couldn’t find a clean link to the ORC but here’s a quick summary):

In 1990, the Landlord Tenant Act was amended. A landlord is now required to start an eviction action against a tenant if the landlord has actual knowledge or “reasonable cause to believe” that the tenant, any member of the tenant’s household or any person on the premises with the consent of the tenant is engaged in or engaged in the past in a violation of a criminal law involving controlled substances. A landlord has “reasonable cause to believe” drug activity is occurring if a valid search warrant has been issued, the controlled substance described in the search warrant was found during the search and the landlord was later informed about the situation by the police. An eviction action must be started whether or not the tenant or other person is charged with or ever convicted of a criminal offense. This provision also applies even if the other person is a delinquent child or guest of the household.

Obviously the word “consent” is a point of contention but I would suspect if the cops came and then your landlord wanted you gone, you would be gone. That was said as a current landlord but the former pothead in me says relax dude.

[TellMeI_mNotCrazy]

@Ennui

Obviously the word “consent” is a point of contention but I would suspect if the cops came and then your landlord wanted you gone, you would be gone. That was said as a current landlord but the former pothead in me says relax dude.

I’m reading the consent as “consent for that other person to be on the property” not consent for their actions. A subtenant would certainly qualify as being on the property with consent, I’d think.

[CC]

could you at least hook me up with her?