So,

SWIM will be moving into a new home soon and wants to grow for his personal use. One of his housemates also has a recommendation, so technically in the county they are moving to they should be able to have 12 (mature) plants in the house (6 mature per patient or 12 immature). SWIM's housing agreement includes a section on "ILLEGAL drug activity" stating that illegal drug activity will violate the contract and result in lease termination. soo... SWIM's question is, what law should he be taking into consideration? federal or state? SWIM has been planning on just starting the grow without asking or saying anything to the landlord however as time ticks away towards move in day, he is getting more and more nervous about this plan. SWIMs housemate says she found a section in california legal code saying that landlords cannot prevent patients from growing in the space they are renting, however SWIM is wary of this information. The landlord comes by the house once a month or so, so he doesnt want him finding out about the grow by suprise and kicking him out of the house (EVEN THOUGH ITS LEGAL IN CALI). what should swim do? ask the landlord or start the grow without asking??

I'm not in CA, but I am a legal patient in WA, renting a home from a landlady who resides in CA. Now... I looked long and hard and before I got to the point of no return, I spoke with my landlady about it.

I made it clear to her that I was doing nothing illegal, I would clean/repair any damage done to accommodate my needs to "better-then-new" condition and I would make sure she never regretted allowing me to do what I needed to do.
Luckily she has a pet sitter who is a CA legal med user and was familiar with my needs and had an idea about my laws. She was hesitant about the mess or damage possibilities at first but she let me in anyway.

Since then... she's visited and been amazed by my home keeping (single biker/longhair guy gave her the scare, but my OCD keeps my home organized and clean looking). I pay my rent 1/2 month early, rather than wait till the last minute and any work I've done to my basement is removable and easily repaired/replaced.
I've been here over a year now and my lease was up 2 months ago. She loves me and hopes I'll stay forever now. I won't, but the next person to try that with her... will find it much easier to present than I did. Hell... if I know them, I may even leave my setup for them, if they are willing to compensate me. ;)


My advice, be upfront and be responsible. As long as your legal and plan to keep it that way... it's the only way to go, imho. Good luck to your friend!

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I personally wouldnt bring it up...even though I am legal I still keep a low profile and those that know about what I do are on a need to know basis...it just makes thing so much easier...for me atleast.

As far as what law to follow...here in Cali we are kinda in a catch 22 since some counties accept our Compassionate use act while others are fighting it tooth and nail.

Also keep in mind your landlord must give you a 24 hour advanced notice that they intend to enter your dwelling.

Good luck.

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"Loyalty to country ALWAYS. Loyalty to government, when it deserves it."
— Mark Twain

"You've gotta be outta your mind not to smoke dope"
-Jack Herer

My landlord doesn't know... but, he wouldn't care. He is a free-carry guy - he believes he has the right to carry a gun on his side anywhere he wants, except gov't bldgs. When I met him, they were painting and he had a gun on his side.

I figured he must be a damned neat painter... I wouldn't wanna have to get house paint out of my pistol, that's for sure!

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-Michael

Wow, this is a tough one.

I own my home where my grow is located.

I also own a rental home.

Respect is a two-way street. If you want me to respect you/your property, you must do the same with my property. This, to me, would include being UPFRONT about your grow.

LEGAL...I'd say "show me your paperwork"

not LEGAL? I'd show you the ROAD, baby!

What gives anyone the right to grow pot in SOMEONE ELSE'S PROPERTY? Nothing does....especially if it were an illegal grow that is putting MY A S S and my property on the line for your benefit.

GROW UP and find responsibility BEFORE you start a garden!

That's one way to look at it. Another way is this: since it's perfectly legal, why say anything? It's no more relevant to my ability to pay my rent than any "legal" prescription from my doctor, right? If it's legal, it's not relevant. If it's not legal, then, maybe I don't understand the law in my own state very well.

In any case, I'm responsible for my actions, not my landlord. We have a contract that clearly states the conditions of my lease. If I damage his property - for any reason - I pay for the damages. If I do anything illegal here, that is a violation of my agreement. But nowhere did I agree that I have to surrender my PERSONAL, PRIVATE medical information to anyone - for any reason. Such an agreement would be invalid on its face, too, because it violates the law.

It's simple, really. As long as I pay my rent and don't break the law or allow damage to occur to the property, everything else is my personal business - and I pay rent so I can keep my private life private.

This is still the USA, after all. Landlords can't invade privacy. That, actually, is illegal.

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-Michael

No, but all leases can be broken ON THE SPOT if there are drugs involved...as we still live (or I do) in the US where growing marijuana IS a federal crime that can be punished via FORFEITURE of the home you "rent" that is NOT your property in the end....regardless of what each State deems "legal".

not arguing or slammin ya...I just think that the folks who DON'T own property often take the ownership of others too lightly...and THAT is more than likely why they DON'T own and have to rent someone else's property.

i still say be upfront. Show respect.

In the end the property OWNER has more rights than the renter. Never forget that....

FWIW...my son rents my house and he KNOWS not to grow weed there. (not a legal state...and not HIS house)

Hmm, thanks for the advice. i think i will tell SWIM to email his landlord about the topic. how do you guys think he should approach this? how should he present/ask this question??

ww... you would likely not be my landlord and that would be your loss. such is life... I assume you wouldn't want me for a tenant either and I make it a practice to never stay where I'm not wanted. At least... not for long.

Micheal, well put and very much a valid point. There are already restrictions in the standard rental agreement that deal with most problems that would arise and privacy of a renter is a key component to the contract between owner and renter. If your not comfortable... hey, I'm just some wingnut on the interweb, spouting off. Don't mind me. :p

That being said... I encourage any LEGAL MMJ user/provider to be open about their plans for the home in advance, the same as they would with any other extraordinary accomodations they would share with thier landlord. Don't be ashamed of your needs... we suffer disabeling conditions (at least, the majority of MMJ's do) and we have a reasonable right to seek to accomodate our special needs. While there is the obvious risk that the landlord may be unreasonably concerend or even bias and you may miss out on the rental opportunity, the reward of having full use of the right home without undue concern for "hiding" activities (delaying needed repairs, making up lies, hassling with excessive stealth methods/costs, etc.) is almost as liberating as getting legal in the first place.
It's only happened once in my time here, but having the landlady into the basement to discuss immediate repair issues could have been a major fiasco for me and for my supply, but becouse I was upfront and honest from the beginning... it's actually an enjoyable conversation and another opportunity to educate the less informed... BONUS!!!



Be respectfull, be responsible, realize that you are representing an entire commuity that is already facing enough adversity and conduct yourself accordingly. Treat the home BETTER than if it was your own and make clear that it is your intent to do so. Budget for your needs, to at least ensure your rent is paid early and your landlord is satisfied and not unreasonably hassled by your binding agreement. Ensure that any changes you make to accomodate your grow are SAFE, and easily repaired or replaced and plan ahead to leave no trace of your activities when you leave. Do these things becouse it's not just the right thing to do... but becouse it helps to make your life and the lives of those who would follow in your footsteps, easier and less complicated.

Keep that in your mind and your actions will follow, in tune. ;)
I wish you the very best of luck.

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I have a philosophy about growing - whether I'm legal or not. TELL NO ONE.

Unless a perspective landlord isn't human, they will talk. That's more dangerous to them and their property than not knowing - and it's a LOT more dangerous for me.

Loose lips sink ships.

If you really want to keep a secret, you tell no one - ever.

Another legal point: no one can be prosecuted for a crime in which they had no involvement and which wasn't a result of that person's inaction or negligence. So, not telling the landlord protects them. What they don't know, can't hurt them - or me.

The worst thing that can happen, for the homeowner, is some property damage from a police search. They like doing that - bastids. That can happen for a lot of reasons, though, including searching the wrong house or some cop with a grudge or whatever. I've seen a guy sent to prison because some cop wanted to nail his wife (welcome to Texas). They just pulled a baggie of coke out of his pocket a couple of times and that was his arse. Happens every week to some poor schmuck. But, that's another story.

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-Michael

I would agree with Michael there is no reason to tell anyone especially someone you don't know chit about in the first place. Lots of landlords are cops could be related to cops or criminals for that matter. Now your safe legal mmj grow gets taken from you at harvest from some unscrupulous landlord who knows someone that will put the muscle on a sick person.

Keep your property maintained yourself little tap repairs and such are easy to take care of and without bothering the landlord in the first place.

I get tired of hearing people say oh renters live there and the place is a mess with no grass cutting being done. Now add to that a medical grow and now those renters are really the enemy. Keep the place nice and clean and no one will even notice you especially the landlord.

There are many good renters that keep their homes neat and tidy and no one would know the difference between owned or rented.

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Very true.

A few years back, we all had to worry about the cops following us home from a head shop or a hydro store. These days, it's criminals staking them out, looking for easy pickings, like stealing a sick person's meds.

By the way, ALL my landlords were sad when I left. I take care of things.

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-Michael

Amen...

I for one could careless if the cops show up...Im covered on that front...I personally worry more about getting robbed by some fiend or gangbanger because I told paul then paul told pete and so on...to me it isnt lack of respect that keeps me from being upfront it is strictly for security.

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"Loyalty to country ALWAYS. Loyalty to government, when it deserves it."
— Mark Twain

"You've gotta be outta your mind not to smoke dope"
-Jack Herer

Actually, come to think of it, it really is better for the landlord to not know. That way, they can claim to be a 'victim' and completely escape any police scrutiny, at all.

By the way, they don't usually trash grow houses during a search and they don't bust down doors to make entry, unless they think you're armed. But, in cases like mine, they wouldn't be in a hurry. What am I gonna do? Flush it? It's a garden, not a bag of crack.

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-Michael

SWIM's main concern is his rental agreement being YANKED from beneath him. he can even scan the section about illegal drug activity and post it if needed. SWIM and his housemates obviously want to stay on the landlords good side. but SWIM plans to have an inline fan which he worries the landlord will hear. previous tenants of the house told SWIMS housemate that it has smelled like freshly burned tree when he has come into the house and he never said anything... SWIM plans on a closet grow with a 600 and needs to keep that **** cool though...

well... I have to say that for the most part, I agree and understand the reasons NOT to share your intent with your potential/current landlord. I checked in advance and was ready to walk away, if my potential rental owner showed any sign of being uncomfortable or inappropriately excited. Obviously... if your already in, keep it to yourself - it's too late to walk away now! ;)
There are many reasons to keep your mouth shut and the recent posts go into them well enough. Here I am, talking about being frank with your landlord in advance and I have, yet... I won't post a current grow pic online anywhere (only past pics and very few of those), many of you are more comfortable posting things online but wouldn't dream of speaking to anyone in your real life. It's all about the comfort level I guess.

I've lived through and cleaned up after a few illegal grow busts and I've watched them trash a place, for nothing more than the opportunity to train the n00b how to bust in a door. I have more horror stories about police abuse than I care to get into... but they are about illegal grows, not legal/medical ones. I hope your right Michael... but experience gives me pause. I won't go into the reasons to have your landlord aware... there are a few and I'm sure you can think of them if you try. I don't want to debate the topic as it's a very personal choice, if you decide to get "out of the closet". I'm just saying... if you are very picky and do find the opportunity your comfortable with and it works out, it's an amazing feeling of security and makes a very complicated situation much easier to handle. Of course... I looked for over 1.5 yrs to find the right opportunity and I never asked anyone about it, until I was fairly certain I had the right situation.

Good luck, Live well!

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I am lucky , legal and have known my landlord since we were 8 years old. He recently came by for cuttings, in my world anybody who wants to grow can have cuttings . Just the way it is....

I would suggest bringing up the topic as something that may "potentially" be possible. I wouldn't say that you are legal and you want to grow. Instead, first explain the medical condition to them, explain the pain and discomfort involved, then express you're possible interest in alternative medication as you said it is legal in your state. See what they say about that. I would be humble, make it seem like they are doing you a favor because they are, and make it seem like there is no other medication you have tried that eases your pain or discomfort as well as medical marijuana would. Ask them what they're thoughts are on medical marijuana and ask if you could possibly try it as an alternative medicine and not be at risk of losing your lease. You need to stress that it isn't something you do at the time of this conversation but that you were waiting for the outcome of your conversation to make your choice because you don't want to do anything that would risk your living situation. Make sure they know that they're wishes will be respected, even if you don't plan to respect them. Keep in mind though that after you have this conversation and if they say no, they will be much more likely to try and catch you doing something... so you may have to keep everything above board for a while until they are comfortable again. Its risky either way, but at least if your are up front you have a chance of them saying yes. If they say no then you really aren't in any different situation then you are now, except that they may think that you are doing something anyway.

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When true patriots become labeled as enemies than you can bury my corpse right beside lady liberty's.

why risk it?
dont tell, dont smell, dont sell. those are the golden rules for a reason.
not just a clever saying.

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