Now legal. Wut 'bout landlord trouble?

[esh dov ets]

You'd be surprised what stupid people will do. One episode of "cops" should aptly demonstrate that. Remember, 50% of the population, by definition is "below average". Never underestimate the stupidity of the average person, much less the "below average".

cops iq are usually less then 104 . there are geniuses with iq over 215
http://abcnews.go.com/US/court-oks-barring-high-iqs-cops/story?id=95836

 

[6ixtynin9]

This thread is fucking shameful! I have two rental properties and I'm seriously SMFH at some of these responses. WTF

Right?.... Tell me about it.

 

[6ixtynin9]

Straight from the State of California website:

WHEN CAN A LANDLORD TERMINATE A TENANCY?

A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice.

However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:276

• Failed to pay the rent.
• Violated any provision of the lease or rental agreement.
• Materially damaged the rental property ("committed waste").
• Substantially interfered with other tenants ("committed a nuisance").277
• Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
• Used the rental property for an unlawful purpose.278
• Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
• Using the building or property to conduct dogfighting or cockfighting.278.1
• Unlawful conduct involving weapons or ammunition.279

From SFGate (California):
Eviction Without Reason
There are a number of good reasons that you can be evicted. Your landlord can give you the boot if you violate the terms of your tenancy, break the law, don't pay your rent or harass other tenants. But there are also scenarios in which your landlord can evict you for no reason at all. This power is limited depending on the details of your rental arrangement, the city in which you live, the type of housing you are renting and the underlying reason that the landlord is evicting you for “no reason.”
Location
Some jurisdictions in California have landlord-tenant rules that go above and beyond the state's laws. According to the California Department of Consumer Affairs, “Some rent control cities require 'just cause' for eviction.” The specifics depend on where you live, so your first step should be to look at your city's website. Additionally, some specific properties operate under special rules that limit the landlord's power to evict you. Generally, your landlord has the greatest power to evict you arbitrarily when you are renting from a private owner at a market rate. Low-income public housing usually offers extra protections to tenants.
Lease Agreement Breach
If you are on a rental lease and you breach the terms of the lease, you can be evicted. Otherwise, you cannot be evicted for any reason until the lease expires. Read a lease thoroughly before you sign it, and request changes to the language where you think the terms are unreasonable.

From The Cannifornians :
Q. What rights do landlords have when it comes to deciding whether renters can smoke or grow pot in their properties?

A. In short, landlords in California can prohibit tenants from smoking or growing marijuana in their property―regardless of whether it’s medical or recreational marijuana. It really comes down to what is in your lease.

Marijuana Growing in the Rental

As your question relates to growing, many leases prohibit making alterations to the property without the landlord’s permission, so any modifications for ventilation or electricity would violate that provision.

Similarly, most leases prohibit damaging the property in any way beyond reasonable wear and tear. So, for example, if growing causes mold, mites, or other issues, that would likely constitute a violation of the lease.

If the landlord pays any of the utilities, the excessive use of water or electricity resulting from even a stealth grow operation arguably would constitute a “waste” in violation of many leases.

There is a higher risk for landlords to rent to individuals who grow―as opposed to merely consume―marijuana, for reasons related to insurance, risks to the property due to electrical/plumbing issues, and the possibility (although perhaps remote if the tenant is only growing for himself) that the landlord’s property could be seized under federal asset forfeiture laws. So, while some landlords might be open to tenants’ discrete use of marijuana in the rental, many would likely prohibit any growing on the premises.

And federally, call it what you want, "medical" weed is still illegal. Don't know about anywhere else but too many growers here and majority of the CA Landlord takes this shit seriously. Again, the best thing to do is to be upfront with your landlord, or better yet, buy your own home.

 

[TacoMac]

To take that one step further, in every lease agreement I've ever seen, there's always the article that stipulates that the renter will agree to abide by all Federal, State, Local laws and ordinances.

The fact that the State has made it legal does not exempt you, and more importantly the landlord, from Federal law. Marijuana is still a schedule 1 drug. As such, it is ILLEGAL under Federal Law to possess, buy, sell, cultivate or in any way use it.

This is what has a lot of landlords in a bind among many other things.

Frankly, I can't allow it. It's illegal here, end of story. What's worse is that if some renter does it without me knowing about it and is selling it, all that happens to him is he goes to jail and pays a fine. I can lose my entire property over it.

Renters have essentially ZERO liability at steak other than their person. We have hundreds of thousands of dollars on the line.

So forgive us for trying to err on the side of caution and warn you of what CAN happen. I'm not saying it will, but it most definitely can.

 

[esh dov ets]

Straight from the State of California website:

WHEN CAN A LANDLORD TERMINATE A TENANCY?

A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice.

However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:276

• Failed to pay the rent.
• Violated any provision of the lease or rental agreement.
• Materially damaged the rental property ("committed waste").
• Substantially interfered with other tenants ("committed a nuisance").277
• Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
• Used the rental property for an unlawful purpose.278
• Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
• Using the building or property to conduct dogfighting or cockfighting.278.1
• Unlawful conduct involving weapons or ammunition.279

From SFGate (California):
Eviction Without Reason
There are a number of good reasons that you can be evicted. Your landlord can give you the boot if you violate the terms of your tenancy, break the law, don't pay your rent or harass other tenants. But there are also scenarios in which your landlord can evict you for no reason at all. This power is limited depending on the details of your rental arrangement, the city in which you live, the type of housing you are renting and the underlying reason that the landlord is evicting you for “no reason.”
Location
Some jurisdictions in California have landlord-tenant rules that go above and beyond the state's laws. According to the California Department of Consumer Affairs, “Some rent control cities require 'just cause' for eviction.” The specifics depend on where you live, so your first step should be to look at your city's website. Additionally, some specific properties operate under special rules that limit the landlord's power to evict you. Generally, your landlord has the greatest power to evict you arbitrarily when you are renting from a private owner at a market rate. Low-income public housing usually offers extra protections to tenants.
Lease Agreement Breach
If you are on a rental lease and you breach the terms of the lease, you can be evicted. Otherwise, you cannot be evicted for any reason until the lease expires. Read a lease thoroughly before you sign it, and request changes to the language where you think the terms are unreasonable.

From The Cannifornians :
Q. What rights do landlords have when it comes to deciding whether renters can smoke or grow pot in their properties?

A. In short, landlords in California can prohibit tenants from smoking or growing marijuana in their property―regardless of whether it’s medical or recreational marijuana. It really comes down to what is in your lease.

Marijuana Growing in the Rental

As your question relates to growing, many leases prohibit making alterations to the property without the landlord’s permission, so any modifications for ventilation or electricity would violate that provision.

Similarly, most leases prohibit damaging the property in any way beyond reasonable wear and tear. So, for example, if growing causes mold, mites, or other issues, that would likely constitute a violation of the lease.

If the landlord pays any of the utilities, the excessive use of water or electricity resulting from even a stealth grow operation arguably would constitute a “waste” in violation of many leases.

There is a higher risk for landlords to rent to individuals who grow―as opposed to merely consume―marijuana, for reasons related to insurance, risks to the property due to electrical/plumbing issues, and the possibility (although perhaps remote if the tenant is only growing for himself) that the landlord’s property could be seized under federal asset forfeiture laws. So, while some landlords might be open to tenants’ discrete use of marijuana in the rental, many would likely prohibit any growing on the premises.

And federally, call it what you want, "medical" weed is still illegal. Don't know about anywhere else but too many growers here and majority of the CA Landlord takes this shit seriously. Again, the best thing to do is to be upfront with your landlord, or better yet, buy your own home.

the first part is good information because it states facts and the law (to be interpreted)
the """" MARIJUANA in the rental""" i would amend.
it goes without saying that you don't rent from a landlord that pays electric and grow with lights.
as for modifying anything, it is good that you mention it. I take my electrical and venting and such as limitations and grow within them. sometimes if you can make an improvement though you can get it approved or done for you. as for increased risk; that is perceived but arguable. People have house plants all the time there is usually no rule against it. people hook up their entertainment units with less care. ants and cockroaches and rats are a problem. i have never heard of an apartment being infected with mites and i have an easy time keeping this places black mold out of my grow. you have to be the kind of person that doesn't clean house or ave good hygiene to have your grow contaminate your rental and if you are you are going to contaminate it anyway.
if you ask up front if it's ok if you can grow they will likely say no far more likely then them trying to punish you if they find out. The owners property cannot be taken under those crack house laws because it is not their "crack house" they are renting. esp. if they don't know. those laws where set up in the 80s to take property away from the poor not their landlords. haven't you ever read a grow book that says always rent.?

 

[esh dov ets]

To take that one step further, in every lease agreement I've ever seen, there's always the article that stipulates that the renter will agree to abide by all Federal, State, Local laws and ordinances.

The fact that the State has made it legal does not exempt you, and more importantly the landlord, from Federal law. Marijuana is still a schedule 1 drug. As such, it is ILLEGAL under Federal Law to possess, buy, sell, cultivate or in any way use it.

This is what has a lot of landlords in a bind among many other things.

Frankly, I can't allow it. It's illegal here, end of story. What's worse is that if some renter does it without me knowing about it and is selling it, all that happens to him is he goes to jail and pays a fine. I can lose my entire property over it.

Renters have essentially ZERO liability at steak other than their person. We have hundreds of thousands of dollars on the line.

So forgive us for trying to err on the side of caution and warn you of what CAN happen. I'm not saying it will, but it most definitely can.

so if you find it after the person vacates do you go after them? what if you find out while they are tenants what do you do mr. mac?
do you put this on your lease agreements? iv'e only seen that in some special housing. you could leave it out.
"""there's always the article that stipulates that the renter will agree to abide by all Federal, State, Local laws and ordinances."""
you are being over cautious , you can't be held legally responsible for what people do with their rental. slum lords rent to folks that rape and kill and are caught in their rental and the renter doesn't even need their lawyer for that.

 

[esh dov ets]

so if you find it after the person vacates do you go after them? what if you find out while they are tenants what do you do mr. mac?
do you put this on your lease agreements? iv'e only seen that in some special housing. you could leave it out.
"""there's always the article that stipulates that the renter will agree to abide by all Federal, State, Local laws and ordinances."""
you are being over cautious , you can't be held legally responsible for what people do with their rental. slum lords rent to folks that rape and kill and are caught in their rental and the renter doesn't even need their lawyer for that.

i'don't know if you can be punished under joe bidens rave act.

 

[KryptoBud]

Straight from the State of California website:

WHEN CAN A LANDLORD TERMINATE A TENANCY?

A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice.

However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:276

• Failed to pay the rent.
• Violated any provision of the lease or rental agreement.
• Materially damaged the rental property ("committed waste").
• Substantially interfered with other tenants ("committed a nuisance").277
• Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
• Used the rental property for an unlawful purpose.278
• Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
• Using the building or property to conduct dogfighting or cockfighting.278.1
• Unlawful conduct involving weapons or ammunition.279

From SFGate (California):
Eviction Without Reason
There are a number of good reasons that you can be evicted. Your landlord can give you the boot if you violate the terms of your tenancy, break the law, don't pay your rent or harass other tenants. But there are also scenarios in which your landlord can evict you for no reason at all. This power is limited depending on the details of your rental arrangement, the city in which you live, the type of housing you are renting and the underlying reason that the landlord is evicting you for “no reason.”
Location
Some jurisdictions in California have landlord-tenant rules that go above and beyond the state's laws. According to the California Department of Consumer Affairs, “Some rent control cities require 'just cause' for eviction.” The specifics depend on where you live, so your first step should be to look at your city's website. Additionally, some specific properties operate under special rules that limit the landlord's power to evict you. Generally, your landlord has the greatest power to evict you arbitrarily when you are renting from a private owner at a market rate. Low-income public housing usually offers extra protections to tenants.
Lease Agreement Breach
If you are on a rental lease and you breach the terms of the lease, you can be evicted. Otherwise, you cannot be evicted for any reason until the lease expires. Read a lease thoroughly before you sign it, and request changes to the language where you think the terms are unreasonable.

From The Cannifornians :
Q. What rights do landlords have when it comes to deciding whether renters can smoke or grow pot in their properties?

A. In short, landlords in California can prohibit tenants from smoking or growing marijuana in their property―regardless of whether it’s medical or recreational marijuana. It really comes down to what is in your lease.

Marijuana Growing in the Rental

As your question relates to growing, many leases prohibit making alterations to the property without the landlord’s permission, so any modifications for ventilation or electricity would violate that provision.

Similarly, most leases prohibit damaging the property in any way beyond reasonable wear and tear. So, for example, if growing causes mold, mites, or other issues, that would likely constitute a violation of the lease.

If the landlord pays any of the utilities, the excessive use of water or electricity resulting from even a stealth grow operation arguably would constitute a “waste” in violation of many leases.

There is a higher risk for landlords to rent to individuals who grow―as opposed to merely consume―marijuana, for reasons related to insurance, risks to the property due to electrical/plumbing issues, and the possibility (although perhaps remote if the tenant is only growing for himself) that the landlord’s property could be seized under federal asset forfeiture laws. So, while some landlords might be open to tenants’ discrete use of marijuana in the rental, many would likely prohibit any growing on the premises.

And federally, call it what you want, "medical" weed is still illegal. Don't know about anywhere else but too many growers here and majority of the CA Landlord takes this shit seriously. Again, the best thing to do is to be upfront with your landlord, or better yet, buy your own home.

I don't think theres any doubt a landlord has the right to not allow growing weed, selling crack, or making bombs or anything else illegal or damaging to their property. That doesn't mean a landlord can walk into a rented house or apartment whenever they feel like it and search peoples shit.

 

[Johnny Lawrence]

To take that one step further, in every lease agreement I've ever seen, there's always the article that stipulates that the renter will agree to abide by all Federal, State, Local laws and ordinances.

The fact that the State has made it legal does not exempt you, and more importantly the landlord, from Federal law. Marijuana is still a schedule 1 drug. As such, it is ILLEGAL under Federal Law to possess, buy, sell, cultivate or in any way use it.

This is what has a lot of landlords in a bind among many other things.

Frankly, I can't allow it. It's illegal here, end of story. What's worse is that if some renter does it without me knowing about it and is selling it, all that happens to him is he goes to jail and pays a fine. I can lose my entire property over it.

Renters have essentially ZERO liability at steak other than their person. We have hundreds of thousands of dollars on the line.

So forgive us for trying to err on the side of caution and warn you of what CAN happen. I'm not saying it will, but it most definitely can.

I don't think anyone really argues with any of this. It was the notion that you could violate somebody's fourth amendment rights just cause you're the landlord that people took issue with.

 

[TacoMac]

I don't think anyone really argues with any of this. It was the notion that you could violate somebody's fourth amendment rights just cause you're the landlord that people took issue with.

Again, it's in the lease agreement. The property owner has the right to enter and inspect HIS PROPERTY at any time within reason. It's that damn simple. Why you can't get that through your head is beyond me. It's not a matter of your rights. It's a matter of the OWNERS rights.

Typically, I make rounds every 5 or 6 weeks, mostly just to check the AC/Heat filters and gas lines. (People have a habit of tampering with them to get free gas that I wind up paying for when it all comes down.)

You act like since you rent the place I have to have probable cause, a warrant and all kinds of other bullshit.

I don't. You sign that away when you sign the lease. To this day, I've never in my life seen a lease agreement that doesn't include that clause. Ever.

For what must be the 25th time: You want to grow without that risk, buy your own place and don't rent. That provides you with a great deal more security as you pretty much have next to zero right to privacy as a renter. It really is that simple.

 

[TacoMac]

so if you find it after the person vacates do you go after them?

If I discovered that I would immediately notify the police. They ultimately would probably do nothing, but it saves me any hassle should a new tenant find out about it.

what if you find out while they are tenants what do you do mr. mac?

Again, I'd notify the police. I'm sorry, but I look out for myself. I'm not going to lose a 200,000 dollar duplex over your pot grow. Sorry.

do you put this on your lease agreements? iv'e only seen that in some special housing. you could leave it out.

I've never seen a lease agreement without it. It's been there always. There is no "NOT" putting it in there. It's there to protect me, not you. You are a renter, and again, I'm sorry, but I'm not going to jail and losing my property over your bullshit.

Why you people can't get that through your heads is, again, simply beyond me.

Buy your own place and you have no worries. Discuss it with your land lord and get permission and you have no worries. Hide it, lie, deceive, and you eventually get what's coming to you.

Prisons are absolutely PACKED with people that THINK they know their rights.

 

[Lordhooha]

You wouldn't let people grow just because its your property or...???? I mean some of us really do have medical reasons and this is what kills me. Over protective landowners. Hell, my landlord wont even fix the damn kitchen sink. So fuck him.

I bought my grandmothers rentals and I don't allow them to grow. Here's why in general from what I've had is people don't respect the property they are leasing or renting. I've had tenants cut big holes in the walls or trash them out. I'm all for it but lights and stuff do present a hazard for other folks in the building as well. We all know SOME ppl have no respect for others properly or well being of others occupying the same general space. It would be better to relocate elsewhere imo

 

[esh dov ets]

I don't think theres any doubt a landlord has the right to not allow growing weed, selling crack, or making bombs or anything else illegal or damaging to their property. That doesn't mean a landlord can walk into a rented house or apartment whenever they feel like it and search peoples shit.

i don't think growing weed belongs in that box. esp. now days.

 

[esh dov ets]

If I discovered that I would immediately notify the police. They ultimately would probably do nothing, but it saves me any hassle should a new tenant find out about it.



Again, I'd notify the police. I'm sorry, but I look out for myself. I'm not going to lose a 200,000 dollar duplex over your pot grow. Sorry.



I've never seen a lease agreement without it. It's been there always. There is no "NOT" putting it in there. It's there to protect me, not you. You are a renter, and again, I'm sorry, but I'm not going to jail and losing my property over your bullshit.

Why you people can't get that through your heads is, again, simply beyond me.

Buy your own place and you have no worries. Discuss it with your land lord and get permission and you have no worries. Hide it, lie, deceive, and you eventually get what's coming to you.

Prisons are absolutely PACKED with people that THINK they know their rights.

your a dick.
prisons are packed with people, many of whom have had their rights violated.

 

[esh dov ets]

I bought my grandmothers rentals and I don't allow them to grow. Here's why in general from what I've had is people don't respect the property they are leasing or renting. I've had tenants cut big holes in the walls or trash them out. I'm all for it but lights and stuff do present a hazard for other folks in the building as well. We all know SOME ppl have no respect for others properly or well being of others occupying the same general space. It would be better to relocate elsewhere imo

what if someone is respectful of your property. you don't risk fire or flood growing yourself right. i mean you take precautions and ultimately there are more dangerous legal things people do in a home. as a grower esp. why would you be prejudice.
If and when i rent to someone if i smelled or otherwise detected it with in my rights, i would find it very easy o say don't let me smell it. and if i was a manager whose boss wold rat i would say that to the tenant. so would you do if you discovered it?

 

[KryptoBud]

i'm half way through the thread. i live in cali. Landlords can barg in if they feel probable cause. i have had one apologize to me after my rich girl friends parents, at the time , confronted him and he feared lawyers. They can give you 60 day notice for no reason to leave. if it's not in the lease and not illegal you will not go to jail but if your landlord doesn't want you there he or she can evict you with the sheriffs dept. you can fight it if you have legal aid and that might just give you more time. other than that.

Oh really? Where in cali San Quentin?

 

[esh dov ets]

Oh really? Where in cali San Quentin?

it's not legal but it happened to me in San Francisco and it's not unheard of because some people have that holier than thow attitude and are landlords.

...he thought me and my friends where "burgler squatters" i lived there with my girl friend and there had supposedly been noise complaints. he had no right thats why the apology.

 

[Lordhooha]

what if someone is respectful of your property. you don't risk fire or flood growing yourself right. i mean you take precautions and ultimately there are more dangerous legal things people do in a home. as a grower esp. why would you be prejudice.
If and when i rent to someone if i smelled or otherwise detected it with in my rights, i would find it very easy o say don't let me smell it. and if i was a manager whose boss wold rat i would say that to the tenant. so would you do if you discovered it?

Here's the deal simple background checks don't tell me much about a person. Especially their electrical skills or how safe they are. My rooms are set up with fire alarms and wait for it sprinkles I piped in when I built the rooms. Also i ensure to adhere to local mmmp laws. Further there are other ppl that live there and I need to keep everything straight for them as well as local fire codes to keep it up to code. They aren't fond of extension cords all over and too many things plugged in to any given plug. Where as all three of my rooms are built an approved each room has enough plugs up at the four foot level to keep them from ever getting flooded an each room has its own 20 amp breaker. I'm just not willing to jeopardize others because someone else wants to grow.

 

[esh dov ets]

Here's the deal simple background checks don't tell me much about a person. Especially their electrical skills or how safe they are. My rooms are set up with fire alarms and wait for it sprinkles I piped in when I built the rooms. Also i ensure to adhere to local mmmp laws. Further there are other ppl that live there and I need to keep everything straight for them as well as local fire codes to keep it up to code. They aren't fond of extension cords all over and too many things plugged in to any given plug. Where as all three of my rooms are built an approved each room has enough plugs up at the four fo tenantsot level to keep them from ever getting flooded an each room has its own 20 amp breaker. I'm just not willing to jeopardize others because someone else wants to grow.

if the place is up to code there should be enough outlets to allow a small grow. i mentioned before that i take things like that as limitations i do not push it when it comes to safety i don't use c02.
what is the fire dept. and building inspector doing in your tenants apt.? I have maintenance come over to fix their problems here (not related to grow) and i went over the circuit box with one guy.. i am not doing anything dangerous or damaging i am within my rights in fact. if they management wants to kick me out they can but if it's because of my grow they would be discriminating. This will come as a public issue and it's sad that we have growers on the uninformed side of the debate.


if i one tenant trips their sprinkler do all the sprinklers trip? i might not want to live in your building anyway it sounds like government housing
...oh you mean your grow has sprinklers . is it safe to use water fire for suppression around electronics

 

[whitebb2727]

Again, it's in the lease agreement. The property owner has the right to enter and inspect HIS PROPERTY at any time within reason. It's that damn simple. Why you can't get that through your head is beyond me. It's not a matter of your rights. It's a matter of the OWNERS rights.

Typically, I make rounds every 5 or 6 weeks, mostly just to check the AC/Heat filters and gas lines. (People have a habit of tampering with them to get free gas that I wind up paying for when it all comes down.)

You act like since you rent the place I have to have probable cause, a warrant and all kinds of other bullshit.

I don't. You sign that away when you sign the lease. To this day, I've never in my life seen a lease agreement that doesn't include that clause. Ever.

For what must be the 25th time: You want to grow without that risk, buy your own place and don't rent. That provides you with a great deal more security as you pretty much have next to zero right to privacy as a renter. It really is that simple.

You can walk in and look. With notice.

You can not make me open something of mine.


This is what I grow in. Let's say I rent from you. I buy a oak wardrobe. Its not attached and its mine.

I don't give a flying fuck what you suspect or think. You or the police can not make me open it with out a warrant. Period. It don't matter if your the land lord. Its mine.