Tenant suspected of growing marijuana

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marincounty

Diamond Member
Nov 16, 2005
3,227
5
76
Originally posted by: Anonemous
Originally posted by: marincounty
AFAIK it is illegal for the landlord to enter the apt for any reason (without the tenants permission) other than to make emergency repairs (in California). The landlord could be opening themselves up to major civil liability by entering their apartment without permission. Not to mention that if the tenant is a medical marijuana user, growing it could be legal under state law.

He gave the tenant advanced notice (according to him 1 week) that the city inspector was coming to inspect the apartment complex and that they would be inspecting the premises.

Doesn't matter. Tenant has to give permission unless it's an emergency repair. A city inspection is not an emergency repair.

The fire dept came around once with the landlord to inspect the smoke detectors. I could have told them to fuck off, but I didn't.
 

ithec

Member
Feb 25, 2009
105
0
0
this topic is so stupid. tell the tenant to get this setup the F out if it's for growing pot. why turn him in without warning?
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
Originally posted by: ithec
this topic is so stupid. tell the tenant to get this setup the F out if it's for growing pot. why turn him in without warning?

Are you illiterate? County Inspector saw it as well and wrote it into his report.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
Originally posted by: marincounty
Originally posted by: Anonemous
Originally posted by: marincounty
AFAIK it is illegal for the landlord to enter the apt for any reason (without the tenants permission) other than to make emergency repairs (in California). The landlord could be opening themselves up to major civil liability by entering their apartment without permission. Not to mention that if the tenant is a medical marijuana user, growing it could be legal under state law.

He gave the tenant advanced notice (according to him 1 week) that the city inspector was coming to inspect the apartment complex and that they would be inspecting the premises.

Doesn't matter. Tenant has to give permission unless it's an emergency repair. A city inspection is not an emergency repair.

The fire dept came around once with the landlord to inspect the smoke detectors. I could have told them to fuck off, but I didn't.

Tell that to the county inspector.
 

ChanHo78

Senior member
Apr 9, 2009
643
0
0
unless the county inspector saw marijuana growing what is the issue? None of the growing equipment is illegal is it? They could be for tomatoes or peppers or fancy lettuce. Was there marijuana growing? If not I would assume he couldn't do shit.
 

I Saw OJ

Diamond Member
Dec 13, 2004
4,923
2
76
Originally posted by: Anonemous
Originally posted by: ithec
this topic is so stupid. tell the tenant to get this setup the F out if it's for growing pot. why turn him in without warning?

Are you illiterate? County Inspector saw it as well and wrote it into his report.

What the county inspector saw or what he didn't see doesnt matter. Living in California it could be completely legal for him to be growing plants indoors, whether it be strawberries or marijuana.
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
What exactly was written in the report?

If it doesn't mention illegal activity move along. If it does, you hand is forced.
 

rockyct

Diamond Member
Jun 23, 2001
6,656
32
91
Maybe he could send some certified letter to the guy saying that the city inspector saw growing equipment. If it's use is for herbs or tomatoes that's fine, but remind him of the lease he signed saying no illegal stuff on the property. Good way to cover his ass without causing a lot of drama.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,111
926
126
If he's had this close of a call, why not just get rid of all the shit before the heat really does come??? ;)
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,732
10,259
146
Originally posted by: ChanHo78
unless the county inspector saw marijuana growing what is the issue? None of the growing equipment is illegal is it? They could be for tomatoes or peppers or fancy lettuce. Was there marijuana growing? If not I would assume he couldn't do shit.

This. No mary jane = no current problem. If I were a landlord (no thanks to that, though), I'd go personally and have a long, extensive talk with my tenant and a short but extensive talk with the inspector about what his next move is.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
Originally posted by: lxskllr
I wouldn't do anything at all. If his growing setup is safe with regards to heat and electrical code, I'd just assume he was growing tomatos. Lots of things /could/ be illegal, it doesn't mean they are. If you dug through the console of my Jeep, you'd find about 6 packs of rolling papers. What do you think I do with them? Odds are, what you were thinking would be wrong. You might also see me sniffing a powder up my nose when stopped at a traffic light. What do you suppose that is? Illegal? Guess again...

Exactly. Too many people sticking their noses in others people business.
 

bobdole369

Diamond Member
Dec 15, 2004
4,504
2
0
The property owner should provide any legally required advance written notice to the tenant, and inspect it himself. If the property owner is aware of what illegal drugs look like, than he should be able to figure out wtf is going on during his inspection. No state that I'm aware of prevents a landlord from inspecting his property, provided he gives proper notice. If during his inspection the landlord suspects that something illegal is being grown, he should contact law enforcement. Doing that should take care of any liability the landlord may face. The property may very well be seized, however as long as the landlord is "doing the right thing", he should be in the clear.

 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
Originally posted by: bobdole369
If during his inspection the landlord suspects that something illegal is being grown, he should contact law enforcement.

Suspects? So you wouldn't mind your house being raided by police because someone "suspects" you might be doing something illegal?
 

eakers

Lifer
Aug 14, 2000
12,169
2
0
isn't one of the major concerns with growing a lot of plans indoors mold? I'd be worried about that causing your rental unit to become unhabitable in the future.
 

MikeMike

Lifer
Feb 6, 2000
45,885
66
91
Originally posted by: eakers
isn't one of the major concerns with growing a lot of plans indoors mold? I'd be worried about that causing your rental unit to become unhabitable in the future.

yes it is, however a properly controlled environment should not get moldy...
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
I don't have the report with me, but my friend said the inspector noted that there was mold and noted the electrical cords all over the floor as a hazard. I hope his insurance covers for that sort of thing. Anyways, he's getting his lawyer to write up an eviction notice.
 

tasmanian

Diamond Member
Dec 22, 2006
3,811
1
0
Originally posted by: eakers
isn't one of the major concerns with growing a lot of plans indoors mold? I'd be worried about that causing your rental unit to become unhabitable in the future.

A growlab will drain a lot of power. If it is setup improperly it has a chance to catch fire or regularly switch the breaker box. Not to mention the constant high power drain can damage the wiring in the house over time.