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Can I be evicted for smoking medical marijuana in my apartment?

Portland, OR |

1 year lease as of Jan 2013. Found out after the fact (March 2013) i have a condition which is lessened by the occasional use of Medical Marijuana. I'm afraid to notify the land lord in fear of loosing my place to live.

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Attorney answers 3


You can be evicted if the property you're leasing is a non-smoking property. You should check your lease agreement terms to clarify.

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A non-smoking apartment is a non-smoking apartment. Even if a tenant has the otherwise-legal right to use medical marijuana, that doesn't mean that the tenant has the right to smoke anything in a non-smoking apartment.

Smoking or non-smoking provisions should be in writing in the lease agreement, or in an addendum to the agreement.

Portland Defender
1001 Southwest 5th Avenue #1100
Portland, OR 97204
(503) 592-0606


If your condition qualifies as a disability, the land may be required to make an exception to a smoking ban if it qualifies as a reasonable accommodation. A separate consideration is whether your lease prohibits illegal activity. If it does, your landlord may have cause to evict you based on federal criminal law.

Discussions on Avvo should not be relied upon as legal advice and should not be substituted for an in depth consultation with an attorney. Any answer provided does not create an attorney/client relationship.

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