Can your landlord ban you from smoking pot at home?

They can prohibit you from smoking, but it must be written into your lease

NORTHAMPTON, Mass. (WWLP) – Now that recreational marijuana is legal in Massachusetts, can your landlord control how you use it in your apartment or condominium?

The answer is yes. They can control whether you are allowed to smoke in your apartment, however, that information needs to be written-out in your lease.

Many landlords do not permit smoking of any kind in apartments, condos, or common spaces. If such a prohibition is not already in your lease, however, landlords are only allowed to add it if you are renewing.

Additionally, your landlord cannot come into your apartment unannounced to check on whether you are smoking.

“Under tenant law, the tenant has the exclusive use of that rented premises. The landlord is not actually allowed to go into the tenant’s apartment without permission, unless there is some type of emergency,” Northampton Attorney James Winston said.

One loophole tenants could find in their lease is the ability to still make edible marijuana goods.

Winston suggests contacting your landlord if you have questions about the language of your lease.

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