The email from your neighbor is sitting in your inbox: “I can smell marijuana coming from your rental property every evening. The odor is getting into my house and my kids are asking questions. You need to do something about this.”
Now you’re stuck in the middle. Marijuana is legal in Nevada – your tenant isn’t breaking state law. But your lease says “no smoking,” the neighbor is threatening to call code enforcement, and you’re worried about property damage and future rental issues.
Welcome to one of the most confusing areas of modern landlord-tenant law. What can you actually control when it comes to marijuana use in your rental property? And more importantly, what are the legal risks if you don’t act?
NOT LEGAL ADVICE: This information is for educational purposes only and should not be considered legal advice. Nevada marijuana and landlord-tenant laws are complex and evolving. For specific legal questions, consult with a Nevada-licensed attorney.
The Legal Reality: What Nevada Law Actually Says
Here’s the first thing every Nevada landlord needs to understand: marijuana legality and your property rights are two completely separate issues.
Since 2017, Nevada adults can legally possess and use marijuana for recreational purposes. But this doesn’t mean tenants can smoke it anywhere they want, any more than alcohol being legal means they can throw loud parties every night.
Your property, your rules – within legal limits.
What You CAN Control:
Smoking of any kind – including marijuana – if prohibited in your lease
Property damage from smoke, odor, or residue
Nuisance behavior affecting neighbors or other tenants
Criminal activity related to the distribution or manufacturing
Lease violations for any unauthorized alterations (grow operations)
What You CANNOT Control:
Legal marijuana possession by tenants over 21
Off-property consumption that doesn’t affect your property
Medical marijuana use (with important exceptions)
Tenant’s legal activities that don’t violate lease terms
The Smoking vs. Possession Distinction
This is where most landlords get confused. Let’s break it down clearly:
Scenario 1: No-Smoking Lease + Marijuana Smoking
Your rights: Full eviction grounds for lease violation
Process: 3-day nuisance/lease-breach notice (NRS 40.2514(4)), then a 5-day Notice to Quit for Unlawful Detainer (NRS 40.254(1)(a)) if the smoking continues
Legal basis: Smoking prohibition, not marijuana prohibition
Scenario 2: No Drug Policy + Marijuana Possession
Your rights: Limited, unless federal funding/programs involved
Challenge: Nevada law protects legal marijuana possession
Risk: Discrimination claims if you target marijuana specifically
Scenario 3: Medical Marijuana + No-Smoking Lease
Your rights: Can still prohibit smoking, but must allow alternative consumption
Accommodation: May need to permit edibles, vaporizers, or oils
Legal complexity: Disability accommodation laws may apply
Real case example: A Las Vegas landlord tried to evict a tenant solely for marijuana possession (no smoking involved). The tenant successfully argued discrimination since alcohol possession wasn’t prohibited. The landlord lost and paid attorney fees.
Property Damage: The Hidden Costs of Marijuana Smoking
Here’s what many landlords don’t realize until it’s too late – marijuana smoke creates significant property damage that goes beyond typical cigarette smoke:
Immediate Damage:
- Sticky residue on walls, windows, and surfaces
- Penetrating odors in carpets, drywall, and HVAC systems
- Discoloration of paint and fixtures
- Air quality issues affecting future showings
Long-Term Problems:
- Persistent smell that standard cleaning can’t remove
- HVAC system contamination requiring professional cleaning
- Decreased property value and rental appeal
- Extended vacancy periods while addressing odor issues
Cost reality: Professional marijuana odor remediation in Las Vegas (2025 averages) typically runs $2,000-5,000 for a standard apartment, compared to $500-1,200 for cigarette smoke removal.
Insurance considerations: Most standard policies don’t cover damage from “drug-related activities,” even if the activity itself is legal. Always confirm with your insurer; policy language on “drug-related damage” varies by carrier.
Crafting Enforceable Lease Language
The key to protecting your property rights is having clear, legally sound lease provisions that focus on behavior and property protection rather than targeting marijuana specifically.
Effective Smoking Prohibition:
“No smoking of any substance, including but not limited to tobacco, marijuana, or other plant materials, is permitted anywhere on the premises, including all interior areas, balconies, patios, and common areas.”
Odor Control Provision:
“Tenant shall not cause or permit any odors to emanate from the premises that disturb other tenants or neighbors, including cooking odors, pet odors, smoke, or any other scents that constitute a nuisance.”
Property Damage Protection:
“Tenant is responsible for any damage to the premises beyond normal wear and tear, including but not limited to staining, odors, or residue requiring professional remediation.”
What NOT to include: Blanket “no marijuana” clauses that target legal possession rather than problematic behavior.
Neighbor Complaints and Code Enforcement
When neighbors start complaining about marijuana odors, you’re facing both legal and practical challenges:
Your Legal Obligations:
Under Nevada’s nuisance laws, landlords can be held responsible for tenant behavior that affects neighboring properties. This includes:
- Persistent odors that cross property lines
- Complaints to code enforcement about your property
- Habitability issues for other tenants in multi-unit buildings
Documentation Requirements:
- Written complaints from neighbors with dates and specifics
- Photos or videos of any visible damage or evidence
- Communication records with the tenant about the issue
- Professional assessments of odor or damage levels
Important note: You cannot act solely on anonymous complaints or assumptions. You need actual evidence of lease violations or property damage.
The Eviction Process for Smoking Violations
If your tenant is violating a no-smoking lease provision, Nevada law provides a clear enforcement path:
Step 1: 3-Day Notice to Perform or Quit
Must specify the exact lease violation (smoking) and give the tenant the opportunity to stop the behavior.
Step 2: 5-Day Unlawful Detainer Notice
If smoking continues after the 3-day period, serve notice that tenancy will terminate.
Step 3: Summary Eviction Filing
Court process typically takes 2-4 weeks if the tenant doesn’t contest.
Critical requirement: You must prove actual smoking occurred, not just marijuana possession or odor from outside sources.
Medical Marijuana: Special Considerations
Nevada’s medical marijuana laws create additional complexity for landlords:
Required Accommodations:
- Alternative consumption methods if the tenant has a medical card
- Reasonable modifications to no-smoking policies for disabled tenants (Fair Housing Act, 42 U.S.C. § 3604(f))
- Privacy protections for medical information
Limits on Accommodations:
- Still no smoking if lease prohibits it
- No property damage protection for medical users
- No nuisance immunity for disturbing other tenants
Best practice: Work with medical marijuana tenants to find consumption methods that don’t violate lease terms or affect property condition.
Federal vs. State Law Complications
Here’s where things get legally complex: marijuana remains federally illegal, which creates problems for certain properties:
Properties with Federal Involvement:
- HUD-subsidized housing (must follow federal rules)
- Properties with federal mortgages (some lender restrictions)
- Military housing or federal employee housing
Legal Risk Assessment:
Most private rental properties operate under state law, but consult legal counsel if you have any federal funding, contracts, or special licensing.
Prevention: Stopping Problems Before They Start
The best marijuana dispute is the one that never happens. Here’s how experienced landlords prevent these issues:
Tenant Screening Red Flags:
- Previous evictions for lease violations
- Complaints from previous landlords about odors or damage
- Evasive answers about smoking habits during showings
- Strong marijuana odor on clothing during application meetings
Property Modifications:
- Enhanced ventilation systems in high-risk units
- Odor detection during regular inspections
- Professional cleaning between tenancies
- Air quality monitoring in multi-unit buildings
Clear Communication:
- Detailed lease explanation during signing
- Neighbor contact information for direct complaints
- Regular check-ins with long-term tenants
- Professional relationship that encourages honest communication
When Professional Help Makes Sense
Managing marijuana-related tenant issues requires legal expertise, property knowledge, and diplomatic skills that most individual landlords simply don’t have time to develop.
Consider professional property management when:
- Multiple complaints are escalating into legal threats
- Damage assessment requires specialized knowledge
- Eviction procedures need proper documentation
- Federal law questions create compliance uncertainty
- Neighbor relations are affecting your reputation
How IRES Handles Marijuana-Related Property Issues
At IRES, we’ve developed specific protocols for marijuana-related tenant situations:
Lease Drafting Expertise: Our legal team crafts enforceable provisions that protect property while respecting tenant rights.
Damage Prevention: Regular inspections and air quality monitoring catch problems before they become expensive remediation projects.
Neighbor Relations: Professional communication channels that keep disputes from escalating into legal battles or code enforcement actions.
Legal Compliance: We stay current on evolving marijuana laws and ensure all enforcement actions follow proper legal procedures.
Vendor Network: Established relationships with odor remediation specialists, air quality experts, and restoration contractors who understand marijuana-specific damage.
Documentation Systems: Professional record-keeping that supports legal action when necessary while protecting landlords from discrimination claims.
Most importantly, we handle these sensitive situations professionally, without the emotional conflicts that often arise when landlords try to manage them directly.
The Insurance and Liability Factor
What many landlords don’t consider: marijuana-related property damage and neighbor disputes can create unexpected liability issues.
Insurance complications often arise because policies may exclude “drug-related” damage, even when the drug use is legal under state law.
Liability risks include neighbor complaints escalating into harassment claims, discrimination lawsuits from inconsistent enforcement, or property damage that exceeds security deposits.
Professional property management typically includes liability protections and insurance coordination that individual landlords can’t easily obtain.
Looking Forward: Legal Trends and Changes
Nevada’s marijuana laws continue evolving, and landlords need to stay ahead of legal changes that could affect their rights and obligations.
Recent trends include:
- Expanded tenant protections for legal marijuana use
- Stricter property damage standards for smoke-related issues
- Enhanced discrimination enforcement for selective marijuana policies
- Insurance industry adaptations to legal marijuana realities
Professional property managers track these legal developments and adjust policies accordingly, while individual landlords often learn about changes only when problems arise.
The Bottom Line
Yes, you have rights when it comes to marijuana use in your rental property – but exercising those rights requires understanding complex legal distinctions, proper documentation, and professional enforcement procedures.
The real challenge isn’t knowing what the law allows; it’s managing the practical realities of neighbor complaints, property damage, insurance complications, and evolving legal standards while maintaining good tenant relationships and protecting your investment.
At IRES, we handle hundreds of tenant situations involving marijuana use, smoking violations, and property damage. Our team understands the legal landscape, has systems for proper documentation, and can navigate these disputes professionally while protecting your interests.
Ready to turn these complex tenant issues over to the experts? Contact IRES today for a free consultation on how professional property management can protect your property and eliminate the stress of marijuana-related tenant disputes.
For situations involving federal law compliance or discrimination claims, we work with experienced Nevada attorneys who specialize in landlord-tenant law and cannabis regulations.