Do you think a medical patient should ask his landlord if he can grow weed on the property? The lease only says "no illegal activity" which technically could be illegal under federal law. Could he evict without warning? I am a loyal tenant who pays on time and takes care of the place for over 5 years. I really am afraid to even ask for fear of being evicted just for asking.
Medical Marijuana patient - Growing as a tenant
I think that would depend on the attitude of your landlord. I know mine could care less, but I've had some that would freak out.
You'll need to look at your lease agreement to see what the grounds are for eviction. It's on a lease by lease basis, not universal law. But keep in mind that the law always favors the landlord, not the tenant.
You'll need to look at your lease agreement to see what the grounds are for eviction. It's on a lease by lease basis, not universal law. But keep in mind that the law always favors the landlord, not the tenant.
GreenMachinee
Well-Known Member
I was in your exact situation. Your landlord is not dictated by the federal gov (like banks are) he is dictated by the state where it is in fact legal for you as a patient to grow. I do not think he could evict you for having a house plant... and i do not think he would care as long as you are "not smoking inside" thats all that landlords tend to care about.. In my opinion.. after reading my lease... the landlord has no grounds to evict me based off my legal house plant activities... but like ultradan aid, check your lease, read it carefully. I highly doubt it even mentions cannabis.
GreenMachinee
Well-Known Member
If he doesnt check in on you then dont ask... its better to ask forgiveness than permission in this case lol. Remember that you do have legal grounds to stand on as a patient, so dont let him dictate what shouldnt be in his control. as long as youre paying youre bills and there is no damamge to the property, I highly doubt he would even care.
DeanB
New Member
In my opinion as long as you're not a dealer and have people coming over all hours of the night looking for weed you shouldn't have a problem. Keep it on the down low and the landlord won't even know. I grew in an apartment on the 3rd floor and was putting the 6 plants I had growing on the balcony. I blocked them with cardboard so nobody could see but someone like my neighbor said something and the landlord only asked me to keep them inside and not on the balcony. It's a little more of a financial concern for the landlords here because if I don't pay my electric bill, then the bill stays at the address and the landlord has to pay it before moving a new tenant in.
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- #6
kind wondering if i should take that risk, because my girlfriend doesn't even smoke and even thought she's cool with it, I don't want her and my dogs to possibly be out on the street because we can't afford to really find a comparable place right now. I'm on disability and she's currently in between jobs and gong to school so it's kind of hard. . Im too friggin paranoid, Maybe I should just quit growing and smoking since I cant afford to buy the smoke :/
GreenMachinee
Well-Known Member
I dont like this thread... lol. Im sorry to hear about your situation man... but yeah if your paranoid already i cant imagine how you will feel when the apartment smells like some sweet fresh buds
TheFertilizer
Well-Known Member
Paranoia has killed more plants than the DEA lol
Do you have a nonsmoking policy? Ask him if he minds you smoking your medicine in the house or if you should take it outside. That should give you an idea of his feelings about it. Then again you might want to just stay quiet and not mention anything.
I lucked out because my maintenance guy is really cool about it. He thought he was smelling plans growing in my room when simply had some dank weed, I guess the landlord he works for has a few other tenants with tents too. Makes me feel safer, before I could definitely relate with the Paranoia but man if you can't deal with Paranoia it might not be for you.
My landlord is cool, my state is a legal one and I have a med card, and I STILL get paranoid about like the feds showing up or getting robbed or something.
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- #9
Maybe Im being a little too paranoid about this. If I get a carbon filter and keep it to a small CFL closet grow, I don't think he will find out anything. He only comes over when we call him and ask for repairs, with the exception of one time he wanted to show the outside of the place to an insurance agent or something. I dont think he has any reason to ask to look in my bedroom closets.. and as for maybe a mild smell.. well that could always be explained by having a stinky bag of meds. BTW my lease agreement doesn't say anything about smoking, so IMO if he doesn't care about cigarette smoke, legal medicine smoke shouldnt be a concern right?
Thunderbrain
New Member
Why not ask a lawyer? Even if you can't afford one a dispensary might be able to give you the number of someone who could answer that. If it's legal to grow in your area, you should be OK but don't take the word of anyone here unless they're a lawyer in your state familiar with real estate law, and the new laws you must have governing pot.
But you're not doing anything illegal by asking, and if he throws you out just for that you can sue him. If he seems OK and you have a patient card, you have nothing to lose by asking. You don't have to be a lawyer to know that.
Edit: Now that I think about it, if it's legal to grow in your state I doubt if he could do anything about it except turn you over to the feds, and they probably have more important things to do than worry about a closet grow. But then again, I'm not a lawyer...
But you're not doing anything illegal by asking, and if he throws you out just for that you can sue him. If he seems OK and you have a patient card, you have nothing to lose by asking. You don't have to be a lawyer to know that.
Edit: Now that I think about it, if it's legal to grow in your state I doubt if he could do anything about it except turn you over to the feds, and they probably have more important things to do than worry about a closet grow. But then again, I'm not a lawyer...
TheFertilizer
Well-Known Member
Why not ask a lawyer? Even if you can't afford one a dispensary might be able to give you the number of someone who could answer that. If it's legal to grow in your area, you should be OK but don't take the word of anyone here unless they're a lawyer in your state familiar with real estate law, and the new laws you must have governing pot.
But you're not doing anything illegal by asking, and if he throws you out just for that you can sue him. If he seems OK and you have a patient card, you have nothing to lose by asking. You don't have to be a lawyer to know that.
Edit: Now that I think about it, if it's legal to grow in your state I doubt if he could do anything about it except turn you over to the feds, and they probably have more important things to do than worry about a closet grow. But then again, I'm not a lawyer...
He could wait until his lease was up and raise the rent higher than he could afford. That's illegal, but how's he gong to afford a lawyer on disability? Not very easily. Sorry, I am on disability and my landlord sucks at making repairs and I hear that I should withhold rent and sue all the time but people really just don't understand how tight a disability income is.
Thunderbrain
New Member
I didn't say he could afford a lawyer. Read my post again, especially the part that starts "Even if you can't afford one...".
And you can't withhold rent, in any case. You have a contract to pay it, and if you don't you've breached that contract.
But the bottom line is, this forum is no place to to get, or rely on, legal advice. I just gave some anyway. Rely on it at your own risk. lol!
And you can't withhold rent, in any case. You have a contract to pay it, and if you don't you've breached that contract.
But the bottom line is, this forum is no place to to get, or rely on, legal advice. I just gave some anyway. Rely on it at your own risk. lol!
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- #13
Most likely not. Most leases have a clause that extends it after the initial lease term until you give notice of leaving. Usually 60 or 90 days.
Again, just read your lease very carefully or seek the advice of an attorney.
colitasnow
New Member
I would'nt be noided about it. If you've been there five years, sheesh! Good tenants are hard to find. Just stay small, 1 gal pots, under a half dozen, keep your door closed, odor isn't so bad. Keep wattage and light use low, ya don't need hps, fluro's are fine. Small grows equal small consumption. Paranoia and greed are your worst enemies.
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