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  • Tenant growing marijuana on my property

    California, In April of 2013 My husband & I rented our rental property to a couple. They signed a two year lease. Two weeks ago we called an exterminator out to the property cause the renters said they had a rat infestation over there. When the exterminator contacted us about his findings he told us there were no rats only mice and instructed us on where they were coming in at & that our renters had marijuana growing in the back yard. We were not happy to hear this news. We want to know if we can break the lease with them cause we don't want them growing on our property. It maybe legal on state level but on federal it is not, & although I've heard chance are they wouldn't take our house away because the renters were growing but the fact is they can do whatever they want to. So I would like to know what rights I have as a landlord not wanting or allowing them to grow marijuana on property I own and can I break the lease because of it?

  • #2
    re: Tenant growing marijuana on my property

    I wish to inform you that cultivation of marijuana is not allowed. You can inform your tenant to leave premises because they are violating law and if they do not agree then you may report matter to law enforcement agencies. Generally lease may be terminated f there is a violation of lease agreement and not for violating law because both the matters are different but however as criminal violation is involved thus law enforcement must be informed.

    AFF

    Comment


    • #3
      re: Tenant growing marijuana on my property

      You do NOT want to be a test case for this, especially if one of the tenants has a medicinal use card. Mostly, the fedswill turn a blind eye to this because it's so rampant in Cali. You may be able to legally break the lease, and they may decide to take you to court and that's a big can of worms. Cali is VERY tenant friendly, esp if someone is "disabled" and has a medicinal use card and grows for personal use--and this would be in a Cali court and not a federalone.

      You may want to go over your lease and see if the tenants are in violation of any part of the lease. You may also want to hire a gardener to mow the lawn and pull up the weeds, and trim the trees etc.

      You might also want to do one of those free 30 minute consultations with an attorney.

      Comment


      • #4
        re: Tenant growing marijuana on my property

        I have provided a link to CA LL/Tenant laws. Even if your lease is vague, state law clearly allows you to evict them for unlawful activities. You should follow lease and state guidelines to conduct an emergency inspection. Take a couple police officers with you. They will know whether they need a warrant. Then you will have a police record of the illegal activity.

        http://www.dca.ca.gov/publications/l...atenant.pdf‎
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          re: Tenant growing marijuana on my property

          It is important to note that the federal government can enforce federal marijuana laws and medical arrest medical marijuana users even in states that legalized its use. Despite concessions made by various states, federal law has remained consistent on the issue, and maintains the position that marijuana is an illegal drug. Penalty guidelines given by the federal government are stern, and may carry extensive jail sentences and monetary fines. The Supreme Court ruling in the case specified that state courts were not ultimately beholden to exact compliance with federal sentencing guidelines in drug-related cases. You can inform this to tenants.

          Comment


          • #6
            re: Tenant growing marijuana on my property

            Originally posted by maliyahsgrammy View Post
            California, In April of 2013 My husband & I rented our rental property to a couple. They signed a two year lease. Two weeks ago we called an exterminator out to the property cause the renters said they had a rat infestation over there. When the exterminator contacted us about his findings he told us there were no rats only mice and instructed us on where they were coming in at & that our renters had marijuana growing in the back yard. We were not happy to hear this news. We want to know if we can break the lease with them cause we don't want them growing on our property. It maybe legal on state level but on federal it is not, & although I've heard chance are they wouldn't take our house away because the renters were growing but the fact is they can do whatever they want to. So I would like to know what rights I have as a landlord not wanting or allowing them to grow marijuana on property I own and can I break the lease because of it?
            By conducting a criminal activity on the premises, the tenants have already broken the lease by violating one of its clauses. If you have a standard California form lease it should include such a clause that the tenant agrees not to engage in any criminal conduct on the premises. You did not mention what county in California, some being more tolerant than others I am told, if that makes a difference. My understanding is that marijuana has not been legalized statewide, except for medicinal purposes. It is a federal crime, as you state, however, throughout the nation and there have been Federal crackdowns in Central and No. Central California on growers and distributors there.

            To be on the safe side, you may wish to send a certified letter to your local Dept of Justice Atty and inform them of the violations of 21 USC Section 801 et seq [the federal Controlled Substances Ac] that are being conducted on your property , the growing of marijuana,. and to the best of your knowledge the size of the operation and inquire what steps they recommend you take as property owner. At least it clears you of any involvement and may protect your property from seizure, too.

            As to the mice infestation, if they were not present when the people rented, and they have been there long enough to create a condition favorable to the little critters, then they may also have violated another provision of your lease. Read and reread the lease you have with them.

            It is always desirable to have an attorney's advice and representation, especially in a sticky situation such as this. The lawyer will be best able to find and state the grounds to get them out -- and with the authority (clout) to make them take notice and move.

            Comment


            • #7
              re: Tenant growing marijuana on my property

              Many of these responses are in neglect of the fact that on a state level the tenants are not participating in 'criminal activity'. While I'm sure it is a great fear tactic to pretend that you're going to sick the Feds on them - It is highly unlikely that either you, or the Feds, will want to dedicate that much effort to your cause. Maybe the solution isn't blatant eradication, though. Instead, consider the possibility that these are reasonable people with a reasonable understanding of the world. Someone cultivating on a property without the consent or acknowledgement of a landlord, is keeping it a secret from the landlord for a reason. That being said, making your awareness known is a great first step. Brush up on the laws, and you do the footwork to make sure they're in accordance with state law before you request the presence of law enforcement. Treating people like criminals is sometimes what inspires them to behave like criminals. Once you know what to look for, counting isn't hard. Consider county guidelines as well, since they may provide a defense that allows a MM card holder to possess more than the state allows.

              Although, on the flip side, being a landlord to a caregiver can often mean consistency with rent/dues. Character transcends stereotypes.

              Comment


              • #8
                re: Tenant growing marijuana on my property

                Contrary to your belief, the law only specifies there be criminal activity. Federal criminal activity is sufficient until CA LL/Tenant laws specify otherwise.

                Originally posted by Unregistered View Post
                Many of these responses are in neglect of the fact that on a state level the tenants are not participating in 'criminal activity'. While I'm sure it is a great fear tactic to pretend that you're going to sick the Feds on them - It is highly unlikely that either you, or the Feds, will want to dedicate that much effort to your cause. Maybe the solution isn't blatant eradication, though. Instead, consider the possibility that these are reasonable people with a reasonable understanding of the world. Someone cultivating on a property without the consent or acknowledgement of a landlord, is keeping it a secret from the landlord for a reason. That being said, making your awareness known is a great first step. Brush up on the laws, and you do the footwork to make sure they're in accordance with state law before you request the presence of law enforcement. Treating people like criminals is sometimes what inspires them to behave like criminals. Once you know what to look for, counting isn't hard. Consider county guidelines as well, since they may provide a defense that allows a MM card holder to possess more than the state allows.

                Although, on the flip side, being a landlord to a caregiver can often mean consistency with rent/dues. Character transcends stereotypes.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Originally posted by Disagreeable View Post
                  Contrary to your belief, the law only specifies there be criminal activity. Federal criminal activity is sufficient until CA LL/Tenant laws specify otherwise.
                  Get them to share

                  Comment


                  • #10
                    re: Tenant growing marijuana on my property

                    Originally posted by Unregistered View Post
                    Many of these responses are in neglect of the fact that on a state level the tenants are not participating in 'criminal activity'. While I'm sure it is a great fear tactic to pretend that you're going to sick the Feds on them - It is highly unlikely that either you, or the Feds, will want to dedicate that much effort to your cause. Maybe the solution isn't blatant eradication, though. Instead, consider the possibility that these are reasonable people with a reasonable understanding of the world. Someone cultivating on a property without the consent or acknowledgement of a landlord, is keeping it a secret from the landlord for a reason. That being said, making your awareness known is a great first step. Brush up on the laws, and you do the footwork to make sure they're in accordance with state law before you request the presence of law enforcement. Treating people like criminals is sometimes what inspires them to behave like criminals. Once you know what to look for, counting isn't hard. Consider county guidelines as well, since they may provide a defense that allows a MM card holder to possess more than the state allows.

                    Although, on the flip side, being a landlord to a caregiver can often mean consistency with rent/dues. Character transcends stereotypes.
                    If the landlord follows your advice, they risk losing their property, regardless of the fact local officials may 'look the other way." Then again, they may not.

                    Regardless of one's thoughts on whether marijuana should or should not be legal, one has to deal with the reality of the state of the law. Both state and federal.

                    The tenant's care of the property has resulted in need for pest eradication and who knows what else. That in and of itself is grounds to cancel the lease with the tenants. Further, to protect themselves, the landlords may report the marijuana growing to local law enforcement. And let them take it from there.

                    Comment


                    • #11
                      re: Tenant growing marijuana on my property

                      I think all the post are good. but 1 thing you all need to read is "THE LAW"! just google SB 420. and prop 215. People that grow Cannabis HAS RIGHTS! If u take anyone to court in california for pot, u will go to STATE COURT where ONLY STATE LAW is enforced. and for those that dont know FEDERAL LAW, u better read it. ITS only FEDERALLY illigel to grow 100 plants or more

                      Comment


                      • #12
                        re: Tenant growing marijuana on my property

                        It would appear you over use of this product has caused some eye damage as well as spelling problems. If you'll review the following the limitation is 6 mature plants or 12 immature ones, although some counties have modified these limitations even further:

                        SB 420 Establishes Prop. 215 Guidelines, Voluntary Patient Identification Card System | California NORML

                        Gail

                        Comment


                        • #13
                          re: Tenant growing marijuana on my property

                          We have the same issue in CO.
                          We just learned the tenant is growing a lot of plants--over 20 at least.

                          It is legal under CO law I guess but we want to evict them as we do not want federal law enforcement taking our rental house.
                          What can we really do?

                          Comment


                          • #14
                            Re: Tenant growing marijuana on my property

                            Call Federal Law enforcement and report them. amend your lease.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              Re: Tenant growing marijuana on my property

                              You certainly can file in court and evict them.

                              They are not allowed to do that, if you do not agree.

                              It is a violation of federal law still. No matter what CO says.

                              Comment

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