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

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Isisyogi

Active Member
Lucius Vorenus said:


Here you go. I highlighted it for you.



  • The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises



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His reason was "just because." The paragraph that followed in section 3, which I don't believe is posted, says that the landlord isn't allowed to use the above to harass the tenant. "just because" is the operative phrase.
 
1

12bonsai

Member
Lucius Vorenus said:
LOL. Perhaps you forgot to read SECTION A.

YES. As a Landlord you may enter your property "Just cuz" anytime you wish. With 48hrs notice. Sorry if this doesn't seem fair to you but it's the case. I know. I do it all the time. Gotta protect my investments and keep tabs.

I'm not a spring chicken in this BTW. I own 8 rental homes and 1 strip mall. I know the laws. I "inspect the premises" regularly.


  • A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply the necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors.

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As a landlord Lucious maybe you ought to consult an attorney before you get yourself into trouble barging in on your tenants.

A fundamental right to privacy is a REASONABLE reason to withhold consent. And note the law says consent so consent is needed. Except in an emergency. As far as your strip mall that is commercial and no corporation has fundamental rights. So they can't say no. Remember you are quoting from residential law.

What exactly did you mean by "Gotta protect my investments and keep tabs." Sounds like you are one nosey landlord.
 
cannofbliss

cannofbliss

Well-Known Member
12bonsai 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.
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sorry but youre not going to like the answer, but once you "signed the lease" you just gave your consent over to the land"lord" and that would be used against you as "expressed written consent" if written in the lease paperwork...

his attorney is going to screw you if you send the letter also, because that is another legalistic tactic to have you put another piece of joinder to add to their "legal documents"

they cant just barge in on you, but they can give you notice and show up... and if you dont let them in they will just use that for the excuse of "reasonable cause"...

even if the state allows cannabis, the federal govt doesnt... so the only way to protect yourself is dont belong to or have any part in any govt or corporate entity, or give over your consent (W-4 tax form) (signed social security card)...

your NAME and "legal identity" i.e. paperman has already been created when you were born, but good news it was fradulent because you as a baby had no way to give "informed consent" to be governed or to submit to any "authority"
other items include submission to the policies of the corporate entity known as the state of "insert state" (drivers license paperwork at dmv) (registered voter) etc... to be governed either by another entity or by their statutes etc...;)


good luck...
 
L

Lucius Vorenus

Well-Known Member
12bonsai said:
As a landlord Lucious maybe you ought to consult an attorney before you get yourself into trouble barging in on your tenants.

A fundamental right to privacy is a REASONABLE reason to withhold consent. And note the law says consent so consent is needed. Except in an emergency. As far as your strip mall that is commercial and no corporation has fundamental rights. So they can't say no. Remember you are quoting from residential law.

What exactly did you mean by "Gotta protect my investments and keep tabs." Sounds like you are one nosey landlord I'd fix your ass fast and furious if you barged in on me. KABOOM.....
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Ok internet toughguy that just shotos everyone. A couple of things.

1. No i was referring to residential.

2. You obviously missed the point where 48hrs is all that is required of me as a landlord

3. You technically can't shoot someone for being in your house. Especially someone like your landlord. An armed burgler you might have a better chance in court but if you were to ever shoot your landlord or even brandish a firearm at him, there is a good chance you will be doing some time. Bring lube. KABOOM in your butthole.
 
1

12bonsai

Member
Lucius Vorenus said:
Ok internet toughguy that just shotos everyone. A couple of things.

1. No i was referring to residential.

2. You obviously missed the point where 48hrs is all that is required of me as a landlord

3. You technically can't shoot someone for being in your house. Especially someone like your landlord. An armed burgler you might have a better chance in court but if you were to ever shoot your landlord or even brandish a firearm at him, there is a good chance you will be doing some time. Bring lube. KABOOM in your butthole.
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Appears that my KABOOM and your kaboom are different entities..... Weeeeee.........

But yes I am prepared to protect my fundamental right...... Yours too......
 
U

UnderBelly

Active Member
phxfire said:
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.
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By forcing you to disclose Protected Health Information they can put themselves into a position where they aren't allowed to take action based on that information. But they have to reasonably know that they are forcing you to make disclosures that you have a right to not make. A lot depends on the nature of your health condition, and at the end of the day you'd be asking a civil jury to award you, at most, three times your lease deposit maybe moving expenses and attorney fees, and a binding agreement that says they can't disclose anything when used as a reference (which would be the reason to sue them).

But a landlord can get any renter out of their property inside of 30-60 days, no reason needed, they just have to compensate you with whatever consideration was placed on the lease agreement. There's no way to seat a jury that can't be convinced that "thirty days notice" is reasonable, even if they aren't allowed to hear about the reasons that include marijuana or whatever. Basically you're screwed... but so are they. They stand to make a hasty and emotional decision that leaves them with a vacant house (where they did have a paying renter!). On the other hand, they also stand to lose their property if they don't take action, since the risk of civil asset forfeiture is real and very dramatic.

You really should consult an attorney, not us.
 
U

UnderBelly

Active Member
Lucius Vorenus said:
LOL. Perhaps you forgot to read SECTION A.

YES. As a Landlord you may enter your property "Just cuz" anytime you wish. With 48hrs notice. Sorry if this doesn't seem fair to you but it's the case. I know. I do it all the time. Gotta protect my investments and keep tabs.

I'm not a spring chicken in this BTW. I own 8 rental homes and 1 strip mall. I know the laws. I "inspect the premises" regularly.


  • A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply the necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors.

    ​


    ​
Click to expand...

As the landlord, how would you feel about the tenant demanding to visit your home, because they want to be sure they are doing business with the right sort of person? Would you submit to an "inspection" by them? If not, why is the relationship so fundamentally asymmetrical?
 
U

UnderBelly

Active Member
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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You shouldn't grow in property you own either, because of the risk of civil asset forfeiture.
 
U

UnderBelly

Active Member
Lucius Vorenus said:
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.
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This might be worth considering aside from the fact that upon your next renewal you're almost certainly losing the right to cultivate.
 
U

UnderBelly

Active Member
BeaverHuntr said:
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."
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It kind of surprises me that people who know better, ignore the fact that a grow stinks to high heaven. That's the biggest impediment to stealth.
 
L

Lucius Vorenus

Well-Known Member
UnderBelly said:
As the landlord, how would you feel about the tenant demanding to visit your home, because they want to be sure they are doing business with the right sort of person? Would you submit to an "inspection" by them? If not, why is the relationship so fundamentally asymmetrical?
Click to expand...
LoL... Are you 13?
 
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