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GHcool 
"Forever a curious character."
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 Posted - 05/12/2009 : 05:52:33
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I've had this roommate for a year and a half now. We don't exactly get along, but we tolerate each other. He's been unemployed for about a year now and spends his entire day every day playing "World of Warcraft" and other such games on the Internet, but I don't care because he pays the rent on time every month (I think his parents are helping him out).
Anyway, today I came home from work and the apartment REEKED of marijuana. I was furious. I knocked on his door and asked him not to do it in the house because if he does and the landlord sees it, then I'll be in trouble too. He started giving me all kinds of excuses and crap about how its no big deal and the landlord won't care, etc etc etc. Basically, he refused to stop smoking in the apartment.
Does anybody have any advice on what to do next? Obviously, I have to find a new roommate, but I'm talking about what steps should I take in the immediate future. I don't know California law very well, but if my apartment smells like weed and my name is on the lease, does that make me guilty of possession even though he was smoking it in his room with his stash? Thanks in advance.  |
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Sean
"Necrosphenisciform anthropophagist."
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Posted - 05/12/2009 : 07:06:50
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MguyX should be able to help you out with this one. 
I'd be very surprised if you were guilty of anything, unless failure to report an illegal drug user is a breach of law (pretty sure it isn't in NZ).
In the meantime, perhaps you could stop him by telling him that if he does it again you'll have no choice but to call the cops in order to remove any chance that it could ever be pinned on you. That's if you wanna go down the play-hardball route. |
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ChocolateLady 
"500 Chocolate Delights"
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Posted - 05/12/2009 : 08:10:08
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I also don't know California law, but I think Sean's advice is good.
(Unless he's got a scrip for it because he has glaucoma or something like that.) |
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MguyX
"X marks the spot"
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Posted - 05/12/2009 : 08:55:54
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Well, GHC, this can get sticky -- and not just the weed. It sounds like you either have to get him to agree to curb his in-home activity or ask/force him to move out.
Who signed the lease? If he did, then eviction is a landlord issue (and possessing unlawful drugs might be a lease breach). If you signed the lease and he did not, then is there a written agreement between you two? If not, next time make sure you have one that specifies what you require and prohibit (i.e., no smoling in house/apartment, no illegal drugs, no electic ukelele music after 10:30 ... a.m.). If you do, does it specify some rules of conduct?
Without more info, I'd say it sounds like you are subletting a portion of the house/apartment, which raises the issue whether the master lease gives you that authority (even if it doesn't, the landlord can consent). Does the master lease contain a covenant against possession/use of illegal drugs? You could likely use that as a grounds for eviction (after proper written notice/demand to stop or else). This is not a necessarily simple situation: the facts can make a serious difference. Does he have a "prescription"? He could claim discrimination based on his "medical condition" (though such a defense is probably surmountable).
As for criminal liability: this one, too, is somewhat up in the air. Yes, you could be charged with possession, though the facts appear to indicate that you would have a decent defense ("It's not mine"). No, you have no obligation to report your roomie's "crime".
From my perspective, I'd say tell the guy to stop or you will have no choice but to call the cops: tell him that you have confirmed that you could be charged with possession too, which is something you don't want. If he says "it's only a ticket," tell him you don't want to risk the ticket. If he says "I'll tell them it's mine," tell him the cops don't have to listen to him or believe him, and he has no right to expose you to the danger, however large or small. Also tell him you do not like the smell, you don't want your clothes smelling like that (and embarassing you in public or potentially jeopardizing maybe even your job), and that he cannot subject your guests to his activity (because the smell does not discriminate). If he's an ass about it, tell him he's going to have to move and that you will have to report him to the cops and/or evict him, because his actions are rude and not fair to you.
Or I could just send over a few of my old criminal clients, who will kick his ass. Your choice. |
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Whippersnapper. 
"A fourword thinking guy."
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Posted - 05/12/2009 : 12:01:05
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How about...?
1. Explain to him honestly what your objections are, emphasising how you FEEL about the situation - he can't argue about how you feel. Avoid being judgmental and bear in mind that he is not doing anything morally terrible here, he's just unemployed and bored. Make the point that its only your business because its happening at your home.
2. Tell him that there are two simple solutions - either he stops smoking marijuana at home or he moves elsewhere where it wont be an issue. His choice.
3. Tell him clearly that if it does happen again he will have to leave, end of. Don't make any specific threats at this stage.
Good luck!
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BiggerBoat 
"Pass me the harpoon"
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Posted - 05/12/2009 : 14:32:55
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Here in London the police are pretty relaxed about smoking weed. The government can't quite decide how to classify it and it tends to bounce between two different levels depending on who's in power and whether they want to take notice of the scientists (who say downgrade it) or the paranoid middle classes (who say upgrade it). Regardless, all the police will do is take it off you and, if you get a bit mouthy, give you a caution. Because none of the police databases are connected, you have to get caught (and given a caution) by the same district police force three times before any further action is justified and even then they're more likely to just give you a good talking to.
They've tried to link it to mental problems here but, predictably, it's mostly down to scaremongering by headline-hunting journos. Thankfully there are some actual doctors who will give us the real facts.
I've smoked it on and off since I was 16. It's not always good for me - I used to tend to find myself still up at 1.30am on a week night watching something shit like Universal Soldier for the third time. But if you use it correctly and limit yourself (as you would do with alcohol) it's not a problem. And it fires your creativity. Most of my best reviews on this site were thought up whilst stoned, no doubt about it, although quite a few more will have been thought of, raptured over and then forgotten before I even get to the keyboard.
I have my own flat and quite often have a lodger in my spare room. When interviewing I always make sure to tell them about what I get up to and ask whether it would be a problem. The last thing you want is your roommate feeling uncomfortable when you're trying to chill out. It's obviously not for you GH so if this guy has any kind of respect for you he should cease and desist. And if he doesn't, maybe you should threaten to tell his parents rather than the police, makes you seem like less of a grass and more of a concerned friend. |
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GHcool
"Forever a curious character."
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Posted - 05/12/2009 : 18:57:27
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quote:
Originally posted by MguyX
Who signed the lease? If he did, then eviction is a landlord issue (and possessing unlawful drugs might be a lease breach). If you signed the lease and he did not, then is there a written agreement between you two? If not, next time make sure you have one that specifies what you require and prohibit (i.e., no smoling in house/apartment, no illegal drugs, no electic ukelele music after 10:30 ... a.m.). If you do, does it specify some rules of conduct?
Without more info, I'd say it sounds like you are subletting a portion of the house/apartment, which raises the issue whether the master lease gives you that authority (even if it doesn't, the landlord can consent). Does the master lease contain a covenant against possession/use of illegal drugs? You could likely use that as a grounds for eviction (after proper written notice/demand to stop or else). This is not a necessarily simple situation: the facts can make a serious difference. Does he have a "prescription"? He could claim discrimination based on his "medical condition" (though such a defense is probably surmountable).
As for criminal liability: this one, too, is somewhat up in the air. Yes, you could be charged with possession, though the facts appear to indicate that you would have a decent defense ("It's not mine"). No, you have no obligation to report your roomie's "crime".
Thank you all for the great advice! Definitely food for thought. I'll give you all some more details:
There are three people who signed the lease: me, my roommate, and my mother (this is both of our first apartment so the landlord wouldn't let us sign the lease without my mother). I told my roommate that it was especially rude since my mother's name is also on the lease. I suppose he felt bad about that, but it still doesn't seem as though he's going to change his behavior. There is no written agreement about the conditions of living in the apartment other than the lease.
I doubt that my roommate has a prescription. If he did, he would have told me so last night when I confronted him. I'm at work now, but when I get home, I can take a look at the lease to see if there's anything about drug use in the apartment.
I will probably move out around September (when my job is over). I've been having problems with this guy for a while now and this is the last straw. I just want to make sure I'm cool with the law and with my landlord until then (and it also stinks to high heaven). Thanks again for all the great advice! |
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MguyX
"X marks the spot"
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Posted - 05/12/2009 : 21:11:38
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O.K.: eviction is a landlord issue only (that is, under the facts, only the landlord can evict him, though you could sue your roomie for damages associated with your moving out, including your rent obligation for the remiander of the lease -- assuming you moved out). If the landlord does or threatens to evict him, guess who's still on the hook for the lease ...
Confirm how long the lease is for, because you probably can't just say "Hey, I'm tired of this. Screw you guys, I'm goin' home," unless it's a month-to-month lease.
Telling the landlord might complicate things: landlord might want to cancel lease and evict you both (or just him, but again, there's liability for the remainder of the lease to consider).
I'm of the mind that you tell him to knock it off in the apt or you will have to break the lease and leave him with the bill (telling the cops might not matter, as they probably won't bother to do anything, but they might; you could probably just go and ask them whether they would do anyhting [without giving info on your address, unless you want them to do something then]).
It's incredibly rude because it smells up everything. Would he care if you smoked cigarettes or cigars in the apt? What if you decided to soak things in a big open vat of sulphur every couple of days? Or you can start making a weekly batch of kim-chee until he stops (because kim-chee smells really good). (I don't suggest you do any of those things, however.)
Who cares whether he smokes pot: just not in the apt! 
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Edited by - MguyX on 05/12/2009 21:14:08 |
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Conan The Westy
"Father, Faithful Friend, Fwiffer"
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Posted - 05/13/2009 : 08:54:31
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Eat lots of beans, open his door and fart in his room.
Childish but revenge often is.  |
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BaftaBaby 
"Always entranced by cinema."
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Posted - 05/13/2009 : 09:40:06
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How's about -- move your mom in and tell him he has to sleep in the living room. Wonder how long it would take for him to shape up or ship out 
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Josh the cat
"ice wouldn't melt, you'd think ....."
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Posted - 05/13/2009 : 12:16:34
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You could always do what Joey and Chandler did in friends when he goes out, pack up all his stuff when he returns tell him he moved out have the doors locked, that might work
Josh the cat |
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GHcool
"Forever a curious character."
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Posted - 05/14/2009 : 19:52:25
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quote:
Originally posted by BaftaBabe
How's about -- move your mom in and tell him he has to sleep in the living room. Wonder how long it would take for him to shape up or ship out
Yeah, I don't think that will fly for multiple reasons.  |
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Cheese_Ed 
"The Provolone Ranger"
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Posted - 05/14/2009 : 23:50:39
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| Start kickin' back with a dime-bag of limburger every night? |
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benj clews 
"...."
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Posted - 05/15/2009 : 11:34:33
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I realise it has medical uses, but as someone who lives above a flat with occasional marijuana smokers I really wish it were illegal.
Nothing seems to carry quite like marijuana- I think I'd even prefer tobacco smokers, and sometimes it permeates our flat so much it actually makes my woman feel sick and get headaches. Our trains also often reek of the stuff. Not nice. I guess it depends on if you're a fan of the stuff or not, but if I were you GH, I'd be kicking his sorry slacker arse out of there pronto. |
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Sal[Au]pian
"Four ever European"
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Posted - 05/15/2009 : 13:05:09
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| If he's an ethically minded person then you could use this argument, which is why I don't use it since I don't care about the legal or health issues (although it also doesn't do a lot for me compared to what it seems to for some others)... Assuming that it has been imported from South America then the toll of human misery involved in its production is extremely high. I think I may have mentioned before how strange I find it that so many middle-class liberals are scrupulous about buying fair trade/local/organic food etc. but happily consume drugs from any old source. |
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MguyX
"X marks the spot"
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Posted - 05/15/2009 : 18:49:55
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Ahhhh ... good old fashioned guilt. Then you may as well also throw in that every time he takes a toke, God kills a baby orangutan. In a really gruesome way.
"So maybe that's why they're going extinct, you heartless bastard!"
That ought to make him stop. |
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Roommate Advice
