my landlord saw my garden, what are my renter's rights?

[BubbaBear]

im a medical marijuana patient in California, my landloard cornered me and asked me if l was growing. l was honest with him and told him im a medical marijuana patient and yes l have a small garden by the books, for personal use. he now is asking me to get rid of my garden saying he is compassionte about my medical needs but does not want to enter into a area that has not been settled between state and federal law. l believe the law is on my side but could use some information on the matter.

 

[Guest]

you should check the lease agreement, I know in mine it said I could do nothing that breaks both local AND FEDERAL laws....it also depends on where you are....for instance if your in SoCal I'd be a little more concerned than if you were in Frisco...But usually the landlord has the final say, but as the DEA has shown recently they will FORFIET ASSETS of Medical Marijuana providers AND THEIR LANDLORDS....I'd check with my local housing section....

 

[420inprogress]

This is another grey area of the MM laws.

Consult an attorney regarding your rights. Since medical marijuana is legal, and California state agencies MUST enforce the laws, technically, growing marijuana for medical use is not a violation of any law. Thus you have not broken any terms of your lease/rental agreement. All landlord-tenant laws are made by the state.

However, the landlord can also claim:
-that you garden is a fire hazard
-decreases the value of the property
-that his/her insurance company will cancel his homeowner's policy
-that the mortgage company will no longer hold the note on the property
To get you to stop growing.

Good luck!

 

[Maj.PotHead]

why did he ask you if you where growing ???? did he smell the grow see lights and such ???. or worse did he do a inspection when you wernt there

 

[hbstoner]

IMHO , time to move.. not worth the hassle

 

[Ganoderma]

Do you have any ideas on why he asked you about your grow?

 

[kinesis]

im a medical marijuana patient in California, my landloard cornered me and asked me if l was growing. l was honest with him and told him im a medical marijuana patient and yes l have a small garden by the books, for personal use. he now is asking me to get rid of my garden saying he is compassionte about my medical needs but does not want to enter into a area that has not been settled between state and federal law. l believe the law is on my side but could use some information on the matter.

tell him that the only way to get an indictment and face a federal jury is if you face 100,000's dollars in fines and years in prison. feds dont f*ck with simpleton patients - they deal with the large scale grow ops and dispensaries. of course it sounds like no matter what u tell the guy u cant grow. i would've just kept my mouth shut... personally

Loose lips sink ships. land lords are bitches they think they know everything and they think they hold all the cards. and unfortunately they are king of the land you are on, so even though their point of view is incorrect and they dont know their own neck shine from shineola - you, the tenant - must suffer!

I am concerned that he knew you were growing this says one of three things 1) he smelled it or 2) he invaded your privacy or 3) he noticed an increase in power consumption and suspected you use mj so put the two together.

some choices:
1) Offer to pay him extra rent?

2) Remind him of how difficult it will be to replace you as a tenant.

3) remind him of civil rights, and that 'what goes on in the home - stays in the home' theres no reason for feds to ever find out. hes being paranoid

4) remind him of the value of the rent you pay, it seems a lot of landlords have no value that you pay them rent, they want more than they can swallow. i am beginning to hate it. Its like "Look Mr. Land Lord i pay 1/4th of your mortgage, can I get some respect? WHAT CAN I DO IN MY ROOM I PAY FOR? it's not a matter of what can't i do."

 

[Relapse]

land lords are bastards they think they know everything and they think they hold all the cards.

I am going to go ahead and disagree with this one, being a landlord is an extremely hard job. I've seen rooms destroyed by people, and it's one of those jobs that you have to be an ass.

Realistically if I were your landlord and worried about having my assets foreclosed by the federal govt. I wouldn't think about it for two seconds, I would either ask you to stop growing politely (which he did) or kick you out.

 

[THCzr]

no doubt, give the guy a break, appreaciate that you might find one that will let you grow, or just start over somewhere else and don't blow your cover this time... not worth the hassle.... at least from the sound of it he was polite about it....

THC

 

[Guest]

leave just cut loose and go. no need to ask about it or worry about it. i would just say if i cant provide my meds i can survive there and see about getting out of the elase if he is cool im sure paying a bit extra might be cool. but to be honest i woud leave and get the **** out of dodge. but thats just me.god luck and man that sucks.. how did he find out.. did he go into your apt and find it with out consent???

 

[kinesis]

Realistically if I were your landlord and worried about having my assets foreclosed by the federal govt. I wouldn't think about it for two seconds, I would either ask you to stop growing politely (which he did) or kick you out.

land lords are too ignorant and narrow minded to do their own research. no patients get harassed by feds. their mindset is very firm on what they THINK they know, and even if you tell them to do more research they do not CARE one bit. They think they know EVERYTHING like they are the encyclopedia. no matter how much you try to educate them of the truth it doesnt help. whens the last time u heard of dea shutting down a simple 6 plant patient? I never have, Lanny Swerdlow of the MAPP never has, and weedtracker or ICmag never have had stories of it. Asset forfeiture would require the landlord to be SERVED NOTICE - well technically not requirdd but this appears to be the procedure the DEA is following in shutting down the Hollywood Dispensaries. then that would be a valid reason for you to remove your garden. Not before or without any due process of law

 

[DIGITALHIPPY]

hes covering his ass.
move or stop growing.
how did he find out?
maybe u can tell him u stoped and after ur crop tare it down and bring him in to show ur done.

id move out, and now.

id be worried about him calling the police. even if your lagitimate you only allowed to do what he'll let you.

 

[BubbaBear]

my landlord found out because, he has been reroofing my garage, he was moving some stuff around in my garage and noticed some grow related items as well he has been asking to go in the house and do measurments and use the bathroom and he noticed that the back room is always closed so he just flat out asked me and l answered honestly thinking l had more rights than l aparently do.......l appreciate all the advise you guys have given me, l still havent figured out what im gonna do, i'll keep ya posted

 

[DIGITALHIPPY]

oh man that sucks for you dog.i feel your pain.


what stage are you in?? veg flower? perpetual?


i stand by my two sugestions.

-after your grow clean up and invite him in. (tell him your done ..untill you move...itll make him confortable)

-or-

-move out.

if your like me you might be stuck to a contract. that makes it rough.
good luck

p.s. if you tell him ur done and show him around an empty (plant wise) pad then you shouldnt worry too much about your gear. except for prying eyes of neighbors.

 

[bounty29]

kinesis - First off, way to stereotype. Secondly, feds don't go after med patients? That's a straight up lie, I've seen several articles, including some pictures, of med patient busts by the DEA in the past few months.

 

[Liam]

If I owned the property and some tenant didn't do as I asked, I throw his ass out on the street. Tenants rights? What about property owners rights! I can't video tape you taking a dump, but I can kick your ass out for any reason whatsoever, whether the laws on my side or not, try and stop me.

 

[kmk420kali]

im a medical marijuana patient in California, my landloard cornered me and asked me if l was growing. l was honest with him and told him im a medical marijuana patient and yes l have a small garden by the books, for personal use. he now is asking me to get rid of my garden saying he is compassionte about my medical needs but does not want to enter into a area that has not been settled between state and federal law. l believe the law is on my side but could use some information on the matter.

The law IS on your side--
However..a Landlord does not have to give a reason to ask you to leave if you are not under a Lease--
My Landlord called 2 nights ago and said she had a complaint about me growing MJ...I told her I was...explained about MMJ...she now wants a copy of my Letter...and said she is cool with it, as long as it is ok by State Law--
The DEA is not ****ing with ppl for personal gardens...unless they are very large, or the owner is very "Loud" (Activists)
Anyone saying different...pls provide links--