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prop 215 - renters rights to grow legally without landlord consent

Discussion in 'Other Residential Landlord & Tenant Issues' started by tigerlily, Jun 29, 2010.

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  1. tigerlily

    tigerlily Law Topic Starter New Member

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    We live in nevada city, CA. This is in Nevada County. My husband and I have our prescriptions to cultivate/medicate with medical marijuana. We have a written lease agreement for the house we rent. We respectfully asked our landlords for permission to grow outdoor, well below the legal limit for our 2 prescriptions and over the phone they consented. They asked the specific numbers, which we told them honestly.
    We then proceeded to invest in all the supplies necessary and brought them to our place. I called with one more respectful placement question and in this conversation our landlord again asked the numbers which we told them and this time they freaked out and said they didn't remember us saying that the first time and they were not ok with it. Now they are accusing us of breaking rules in our lease agreement and they are telling us we can only have 3 (between 2 scripts) and they are trying to tell us the limited option of where we can place them (in the shade). We looked over our lease agreement again and the section of the agreement they believe we are breaking states:
    RULES/REGULATIONS:
    A. Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant, shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.

    We don't believe growing a small legal medicinal outdoor garden (well under the legal allowance for 2 scripts in this county) falls into this category. We believe our landlords are imposing their personal judgement on us and also attempting to micro-manage our lives by telling us that 3 is enough for 2 people and that we can only place them in one location (undesirable conditions) on the property.
    We have asked them to look into it with the local sheriff (which they refuse to do because they don't like dealing with sheriffs) and also to check in with their lawyer friend. We told them we would also look inot our rights and speak with a lawyer to get clear on where we draw the line for our right to grow, and our right to privacy. We will be having a phone conversation later today with the landlords and we hope to hear back from some educated people on tis issue before then.
    Above and beyond all of this, we believe our landlords have continually violated our right to privacy on this property as they do not technically live here, but they come around often, and stay for up to 2 weeks at a time in a small granny unit cabin on the property that they never claimed they would live out of. They claim they are here to do "maintenance" which is an endless task on a 10 acre parcel of land. They do not give 24 hour notice before coming right up close to the vicinity of our house. They just asume once they are here they can go wherever they please as long as they do not enter our front door. But this sometimes includes working just outside a bedroom window.
    We are looking for advice as well as any help to references for an agency that can help us to protect our rights as respectful tenants who take good care of the house, always pay rent on time, take responsibility when something breaks or is damaged, and create small impact on the property.
    In summary:
    Do our landlords have a right to tell us we cannot grow, or to decide how few we need for 2 people (they are not doctors)?
    Do our landlords have the right to tell us we cannot use our established fenced garden space or other desirable sunny spots to cultivate our legal garden?
    Who can we call for help for minimal or no charge to help us establish legal boundaries that our landlords can't violate?
     
  2. army judge

    army judge Super Moderator

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    Here's a thought, buy your own home and grow all the "weed" or anything else that the law allows.

    Medical "weed" isn't entirely legal.

    And, even IF it is "legal" for YOU; the landlord's home is at risk.

    The feds do not recognize California's medical "weed" law.

    They look the other way, for now.

    But, your landlord is probably worried about losing his home, if they allow you to grow "weed".

    They are worried about you growing larger quantities than what you say you will.

    It exists in a gray area between legal and illegal.

    Most states outlaw medical "weed".

    The federal government outlaws medical "weed", in fact, all "weed".

    You could take the landlord to court on this issue.

    It won't cost you much in money.

    You can do this yourself.

    But, even if you win, you'll lose.

    The landlord won't renew your lease.

    Then you'll be back where you started, looking for a place that allows you to grow "weed".

     
    Last edited: Jun 29, 2010
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    I'm a bit curious. Does "everyone" in California require medical marijuana? Because there sure as heck are a ton of folks that manage to get a prescription from their physicians for this stuff. Does California contain so many ill people?

    Gail
     
  4. army judge

    army judge Super Moderator

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    Gail, it is odd, isn't it?

    The cartoon series, South Park did a funny, satirical piece on that very issue in South Park!

    I think the Governator needs the money.

    This medical "weed" business is just that, big business!
     
  5. CdwJava

    CdwJava Moderator

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    The state doesn't get the money from medical marijuana. And as a note, it is NOT a prescription, it is a physician's recommendation and allows for an affirmative defense if busted, not a free pass. In my county the DA's office has a zero percent compliance with provider's confirming they issued a recommendation - similar percentages exist elsewhere.

    The state DOES allow for a state issued DHS (department of Health Services) card that allows for a free pass from prosecution, but oddly enough few "patients" wish for the added level of scrutiny (which is really no scrutiny at all). Fewer than 2% (yes TWO percent) of medical marijuana recommendation holders in my county hold DHS cards.

    It is big business for those that provide the recommendations, and a royally confusing pain in the tailpipe for local law enforcement because of the poorly crafted patchwork of statutes and case law surrounding it here.
     

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