What would you do in this case? Read now and comment fast. THX...

Hey everyone,

Just want to put forth a new life experience I need some opinions on. Too bad Bill Hayes is locked up as he may have an answer for me and really all of us.

My situation is this. I rented this house just 4 months ago. My wife and 12 year old son occupy it. My landlord wants to come and inspect. I suspect that maybe a neighbor has smelt my smoke and complained. I am very discreet about when I smoke in my back yard. If I hear kids playing or even anyone else in their backyard I go inside and medicate. I live in a rural area and not really too many neighbors but still. They may sit quietly in their back yard and smelt something. Anyways..... The reason I think someone has complained is that we are really good tenants. Massive weeds in the front which took my wife nearly 2 weeks to clear out and we even got some flowers started in the plant area out front. A drive by would reveal a good tenant to any landlord.

My landlord INSISTS on doing an inspection and even sent me a two day letter saying if needed he will get a locksmith if I had switched locks. When he first insisted on this inspection I objected on grounds of my privacy. I didn't mention medical privacy just privacy. He claims some law says that he could with a 2 day notice.

What is one to do? I really don't want to share with my landlord my medical history and don't think I should have to. I feel my fundamental right to privacy supercedes his right WITHOUT CAUSE to inspect. I don't have the money to defend myself in court. I do have a grow op as I can not afford street prices or club prices.

Should I fight him on this? If so what can I do to fight? Can I get a judge to sign a restraining order if I tell the judge my story? Do I let him in and fight him when he tries to evict me? What about the renewal of the lease? Will I have grounds if I let him see my grow op for a discrimination claim? What is one to do?

These are all new situations as this new initiative goes forward. Bill Hayes if you can read these messages and respond I would appreciate your opinion.

This type of situation will affect us all in some way or another. HELP.....The landlord is coming on the 20th. HELP...

move the grow...have nothing for them to find...that's my plan...even though i'm compliant...with this raid crap I can't think of a safer way...rent a storage unit and move your stuff asap.

You didn't mention what state you live in or if you're growing.

In california the landlord has the right to go in with a 24 hour notice, or without in an emergency.

Then you say "My landlord INSISTS on doing an inspection and even sent me a two day letter saying if needed he will get a locksmith if I had switched locks. When he first insisted on this inspection I objected on grounds of my privacy."

That statement tells me that you gave him cause for concern about the property and/or tenants.

I wouldn't fight it - move your grow or hide it (depending how large).

A.R.S. 36-2813 discrimination prohibited
A. No... landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.

B. .... or otherwise penalize a person based upon either:

1. The person's status as a cardholder.
2...... Doesnt apply!!!

The AMMA does NOT protect you for breaching lease agreements.. Most lease agreements list ADDING to the build or structure as a violation of the terms..

Review your lease.. Are you in FULL compliance with the said terms? Then add the element of medical marijuana...
My current lease states I am unable to smoke in the residence, having possession of an MMJ card does not over turn set terms...

Read your lease, it is a BINDING contract each party must abide by!

Agree with moving or hiding grow.... You are NOT required to tell the whole world about your medical condition and/or treatment assoicated to condition.

svsuv said:

You didn't mention what state you live in or if you're growing.

In california the landlord has the right to go in with a 24 hour notice, or without in an emergency.

Then you say "My landlord INSISTS on doing an inspection and even sent me a two day letter saying if needed he will get a locksmith if I had switched locks. When he first insisted on this inspection I objected on grounds of my privacy."

That statement tells me that you gave him cause for concern about the property and/or tenants.

I wouldn't fight it - move your grow or hide it (depending how large).

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In my original post I did mention that outside of smoking late at night out in the back yard we had kept up the outside of the property very well. A lot better then these neighbors of ours. I thought this was the AZ section I posted in. That is where I am.

I can't move or hide my grow. It is legal and all. Should I insist on the sheriff being present? Babeau is the sheriff. Supposed to be the second best constitutional sheriff in the country.

I am not a lawyer and hoped that there would be one out there to help. I am the leaseholder so all rights transfer to me except the right to sell or rent or anything that is legal that I agreed to.

My fundamental right to privacy especially medical privacy is superior to the landlord's right without cause to inspect. Now if he had cause them maybe there would be an issue. But I have been very discreet in my grow and when and where I medicate. I have not given anyone any cause to suspect something except for the reason initially stated.

My only thoughts right now is to let him see my grow and take it up afterwards. It would give me grounds for discrimination if he decided not to renew the lease. I am too sick and old and disabled to be moving every year. It almost killed me moving in 4 months ago. And the issue of future landlords. Wouldn't one knowing you are a MMJ patient let all future landlords know this. Which would give the reason not to rent to me and not give a reason for not renting to me cuz they called the present one and he told them what he knows......Thanks......

Sorry - I didn't notice you posted in the Arizona forum - I read the forums through the "new posts".

Is the grow out in the open outside, or a room that could be locked? There's another thread here with ideas for a grow indoors.

Wow...fucked up predicament. When renting, you wanna keep your setup simple so you can break it down in as little time as possible. Landlords can pop in without notice in the event of an emergency so rights are limited. As mentioned you can move it which is the BEST idea but since that isn't an option I guess let him visit and see how he reacts. I'm not sure how your laws work there but here in Canada one needs permission from the landlord to embark on growing legally. That said, I would not be smoking at a property where you are growing whether legally or not since not only do you have to worry about neighbours who are anti-pot but the potential for robbery also increases. Good luck...I hope things work out for you.

not sure why you cant move it, but if at all possible, i'd do so. rent a uhaul trailer or something and break it down.

if you're legal but your landlord still has a problem with it, you are going to be on shaky ground and my guess is having to move.

I was told to give my tenants a two week warning before inspection, but its been a while. You might need to research that? Sorry on phone would help more

I too faced a similar situation once. Card holder or not, get your stuff out of the house clean up, candles are a smokers friend..remember that... also, let him come in and stop being afraid. If you are afraid then maybe it's time to reconsider your op.im not hating just reality is a bitch.

I have inspections every three months. I medicate in 2 specific areas and keep it clean. (no burn marks,roaches,ect). When they come I literally move everything to a friends for the day. If its a surprise inspection as they don't tell me when they are coming.just a general week notice once I get the notice, I air out the house daily, make sure carbon filters are still good, and use NATURAL AIR FRESHNER!(fresh linen) ona gel..


Iim not advocating you commit a crime, or saying you are. My advise is just noise.

12bonsai said:

I feel my fundamental right to privacy supercedes his right WITHOUT CAUSE to inspect.

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A landlord has the state-given right to inspect THEIR PROPERTY. Since you have already objected to the landlord over this, is is a given that they assume you are trying to hide something, and will look at their property even closer than they may have otherwise. They have the right to open every door to every room to ensure that you are taking care of their property. Get your stuff to a friend's house ASAP!

http://www.azsos.gov/public_services/publications/residential_landlord_tenant_act/Residential.pdf

Please read Section 33-1343 " Access"

If your landlord sees and does not approve of your medication, they will find a reason to get rid of you, no matter what the anti discrimination section of the medical marijuana act says. For all you know they may own the property through the help of some federal grant or loan program and then our state laws may not protect you at all. Knowledge is power. Federal law says their property can be taken away from them if they have knowledge of illegal activities ( growing weed) and allow it to continue.
They might not give a shit about our state laws and panic thinking they could lose their rental property investment because of your grow, so it is best to have it not be discovered, by anybody.

Because you are growing, it is a fair bet you have read and re-read every page of the Arizona Medical Marijuana statues to ensure compliance or at least knowledge of what compliance would be. If you are living in a rental property, you should do the same reading and re-reading with the landlord and tenant act. If you are growing in a rental property, I'd suggest memorizing some of the key things in each so that you can quote the rules & regs on the spot if you are ever called out by a neighbor, landlord, officer, etc.

You've already objected to them without knowing your rights and theirs as they relate to this situation, so they are already suspicious of something.

Licht Mehr Licht said:

A landlord has the state-given right to inspect THEIR PROPERTY. Since you have already objected to the landlord over this, is is a given that they assume you are trying to hide something, and will look at their property even closer than they may have otherwise. They have the right to open every door to every room to ensure that you are taking care of their property. Get your stuff to a friend's house ASAP!

http://www.azsos.gov/public_services/publications/residential_landlord_tenant_act/Residential.pdf

Please read Section 33-1343 " Access"

If your landlord sees and does not approve of your medication, they will find a reason to get rid of you, no matter what the anti discrimination section of the medical marijuana act says. For all you know they may own the property through the help of some federal grant or loan program and then our state laws may not protect you at all. Knowledge is power. Federal law says their property can be taken away from them if they have knowledge of illegal activities ( growing weed) and allow it to continue.
They might not give a shit about our state laws and panic thinking they could lose their rental property investment because of your grow, so it is best to have it not be discovered, by anybody.

Because you are growing, it is a fair bet you have read and re-read every page of the Arizona Medical Marijuana statues to ensure compliance or at least knowledge of what compliance would be. If you are living in a rental property, you should do the same reading and re-reading with the landlord and tenant act. If you are growing in a rental property, I'd suggest memorizing some of the key things in each so that you can quote the rules & regs on the spot if you are ever called out by a neighbor, landlord, officer, etc.

You've already objected to them without knowing your rights and theirs as they relate to this situation, so they are already suspicious of something.

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Couldnt agree more..well said

Thx for everyones suggestions. It looks like the majority says move or hide the grow.

Heres what has expired. They were scheduled to come down on Friday. I called and again voiced my objections over the inspection. I cited the state and federal constitution and my rights to privacy and due process. I asked the reason for the inspection and got "just because". Errrr not good enough. We discussed sometimes argued over points but I stressed he may have a right to inspect but I have my FUNDAMENTAL right to privacy. I don't let the sheriff in I don't let the landlord in or anyone else in unless I give them my permission. I also told them if they did decide to come on down on Friday they better have a court order in hand and the sheriff. I stood my ground not on the MMJ basis but my basic fundamental civil rights.

What was settled was I am to send via certified mail my objections based on what was discussed and they will present it to the property owner and their lawyer. No inspection on Friday. Yippee...... I just couldn't get everything packed up or moved by then.

I also stressed that I was a vet and took an oath to protect and defend the Constitution from all enemies foreign and domestic. And I take my oath seriously unlike our great politicians.

Man, I don't wish this on anyone. I am looking at a 6-9 month devastating therapy which the MMJ is going to help me get through. I don't need this sh it from a property owner wanting to disturb my peace or interfere with my recovery. I needed to get this inspection taken care of so they don't ever ask again. They must think I'm some kind of nut and not a NORMAL person with my insisting that this will lead to civil rights violations on their part.

So I will send them my certified letter for their file. Hope they put this on the back burner and assume that they will not renew my lease. At least they won't know for sure that I have a grow op and can't relay that to the next landlord. All they could say is I'm some kind of constitutional fanatic and won't let ya do inspections.

Ok..im a Landlord so i'll give you my .02

1. He can enter anytime he wants to, it's his property. He is required to give you 48hrs notice and nothing more.

2. You should move your grow if you are not allowed to grow there and it says so in your lease. If it does not, you should be fine and he cannot evict you over it.

3. If the lease says no smoking, he can evict you if you have been smoking in his home.


IMO, you should never think of growing in a leased home or apartment.

Lucius Vorenus said:

Ok..im a Landlord so i'll give you my .02

1. He can enter anytime he wants to, it's his property. He is required to give you 48hrs notice and nothing more.

2. You should move your grow if you are not allowed to grow there and it says so in your lease. If it does not, you should be fine and he cannot evict you over it.

3. If the lease says no smoking, he can evict you if you have been smoking in his home.


IMO, you should never think of growing in a leased home or apartment.

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I appreciate you opinion Lucius. The only point I differ with you is about the priority of the right. A basic fundamental right to privacy against a property owner's right to inspect.

It is an interesting topic. I am sure there would be a few judges that would consider it. And maybe along the way the fundamental right wins.

I think property law would supercede any right to privacy. Also all these rights aside what does it say in your lease that you signed and agreed to? I am sure there is a clause which thus refers to.

irieie said:

I think property law would supercede any right to privacy. Also all these rights aside what does it say in your lease that you signed and agreed to? I am sure there is a clause which thus refers to.

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I would differ on this notion that property law supercedes fundamental law. Granted a court may find that he does have a right to inspect. But by using his right to inspect now would violate my civil right to privacy. My civil rights are fundamental. No law can abridge or modify them.

Look at it this way. If the sheriff wanted to come on in and I protested because of my fundamental right to privacy he would have to go before a judge and swear under oath what he was going to look for and why he thinks he will find it (probable cause). "Just because we could" is not a good enough reason for me. Seems like this prohibition on cannabis has "hood winked" most users. I wasn't a cannabis user before this Prop 203 so I don't know about all of your stealth and paranoia. But now that I am a cannabis user due to my health I empathize with what all of you have had to put up with for all this time.

I will sit back and see what this landlord will do after he receives my formal objections. Hopefully he will do the right thing and honor my fundamental right to privacy.

Thanks everyone.....Got some good suggestions.....

Your landlord gave you 2 days notice, that is your privacy. You rent the home, he has a right as the owner to inspect his property. You might not be able to evict somebody SOLEY BASED ON THEIR CARHOLDER STATUS, as mentioned, but growing marijuana is a whole different story. He is going to be suspicious now, I hope you haven't damaged the house with your set up.

12bonsai said:

I appreciate you opinion Lucius. The only point I differ with you is about the priority of the right. A basic fundamental right to privacy against a property owner's right to inspect.

It is an interesting topic. I am sure there would be a few judges that would consider it. And maybe along the way the fundamental right wins.

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It doesn't really matter what you think unfortunately as you are just the renter and the property belongs to him.

One fix for this situation would be to purchase a home of your own, then you won't have to worry about landlords coming in to inspect their investment like they have every right to do.

If i were the dude I would invest in a big ass grow tent ASAP. Let your land lord come in and keep your shit zipped up in the tent, he asks "whats this?" You say " Just a portable wardrobe closet I bought."