ghost79
- 94
- 18
One time I had a dickhead landlord try and keep my deposit because he was a greedy ass and no other reason. I kicked in his door at dinnertime and walked into the kitched where he was eating with his family and basically pushed him against a wall by his collar, put a pen in his hand and told him to write the damn check.
I actually do know what I am talking about ghost, I've dealt with every imaginable type of landlord there is! The ones that say up front they are cool with growing, the ones that say up front no growing, the ones that claim they never received a deposit when I have proof in form of the canceled check from the bank, and the ones that illegally go into the property without notice while I am away on christmas break and leave an eviction notice for me to return to. I understand that landlords often make up the rules as they go along and seem to never want to return the deposit as if they are entitled to it. WHAT I MEANT WAS, if a landlord in effect says "I don't like your lifestyle or what you are doing and therefore am keeping your depost because you offend me and my sensibilities" then they are leaving themselves open to being sued for the return of the deposit. It's called a Damage Deposit/Cleaning Deposit for a reason, because it is meant to provide guarantee the renter will pay for any damages done to the property or for cleaning when they leave a mess. Legally it is not considered an "insulted landlord deposit". My description of a grow tent in the garage WITHOUT external ducting was hypothetical, to illustrate that even if you are doing something illegal if there are NO DAMAGES done to the property, no alterations that have to be repaired or replaced, the landlord cannot legally keep the deposit simply because you broke a law. They are not judges. If a renter is using the house as a brothel, could the landlord keep the deposit because you broke a law? No, unless they claim you left jizz stains on the walls and carpet that called for new carpets and painting the walls. Just like if you are growing weed and the only way it affects any part of the house is that you plugged lights into the electrical outlets they cannot keep the deposit! Although if you get arrested and are in jail, good luck getting it back if you cannot physically do anything about it. Are we on the same page here about "Damage Deposits" not being the same as "Pissed off Landlord fee"? One time I had a dickhead landlord try and keep my deposit because he was a greedy ass and no other reason. I kicked in his door at dinnertime and walked into the kitched where he was eating with his family and basically pushed him against a wall by his collar, put a pen in his hand and told him to write the damn check. Often it comes down to if you are afraid to stand up to them and demand your deposit back, I agree in 90% of rentals they feel like they are owed free money and want to keep your deposit no matter what you do. I have a cousin who is is a greedy idiot and just lost his second court case over a deposit he was trying to keep without cause. . . He is out over $70,000 in attorney fees after trying twice to keep a renter's deposit without reason, being sued for it and losing twice in a row. He's family, but it serves his right for being such an ass.
I dont know anyone personally whos been busted growing. i was speaking generally. Im not trying to get in an online pissing match with u because I agree that renting a place isnt the best option but, its really not that hard and IME I havent had any problems with landlords. maybe its because I always say Im in the military and Im always on time or ahead of time with my rent so possibly they trust me more than other tennants. maybe Im just lucky and never had a landlord eager to bust me...
___That approach won't fly in Colorado. You could easily be fuckin' dead on the spot.... (or wish you were)
FWIW....if it happened exactly the way you described...the homeowner/his wife/kid would fall squarely under
>>>> Make My Day <<<<
This law authorizes the occupant of a dwelling (such as a home) to use deadly
physical force against an intruder. But hold on Hoss, only if all of the following
factors exist:
from http://highcaliberdefense.com/CourseMaterial/ColoradoMakeMyDayLaw.aspx
- The intruder UNLAWFULLY entered the dwelling.
- The occupant of the dwelling has reasonable belief that the intruder has
committed a CRIME OTHER THAN UNLAWFUL ENTRY, or is committing or
intends to commit a crime against a person or property IN ADDITION TO
THE UNINVITED ENTRY; and,
- The occupant REASONABLY BELIEVES THAT THE INTRUDER MIGHT USE
ANY PHYSICAL FORCE, no matter how slight, against the occupant.
Remembering that I only tried cultivation ONCE when I had underage kids at home (when it was still illegal in Cali), I have some questions. First, didn't you guys do a walkthrough after you vacated the premises? Second, what's on your lease? Third, what's the law on the timing of the letter? Did he/she make it in under the wire, so to speak? Or did the letter come after what the law prescribes?Thoughts? I just moved after renting for three yrs to my own home again and while waiting for my refund from my landlord (which i was pretty sure i was getting in full at least - as he is a prick ) i received the following letter in the mail...... below....)
I rec the letter about 20 days after ..... breakdown and 10 days after visitors ..... thoughts on what you would do as the route i took it killing me....... not be able to do something i love with a passion .....
some factors
1) i am in a state that is not legal to cultivate in.....
2) i am in a state where a seed in your car get you arrested
3)i only moved 2 miles away to a home (that is mine and can be destroyed or taken)
4) 2 teenage children in the home
5) the home had no evidence of a grow at all
6) the last plant was removed about 30 days before the supposed visitor .... which if you read states he showed up...
Thinking on the situation after the letter arrived i eliminate everything but seed and product which has been secured , thought better safe than sorry now if it was just me .... i would roll the dice as my activities had dramatic decreased and the new room would of been top security but do to the fact that my family would suffer it is what it is.... the only thing is i just cant stop wanting to grow it consumes my thoughts daily so my question is what would you do ?
First sea thanks for response ... there is no legal action against me , that was in his letter denying my deposit and was never proven factual as I cleaned the entire home after moving , I actually made settlement the last day of the month and paid my landlord for the next month for two reasons 1 did not wanna move and clean all in one day and in case something went wrong at settlement i wouldn't be homeless. The police in the letter is just him making a statement and I went to the police station to see if they were looking for me (after elimination of activities at new home) and they stated we don't have a warrant for you and we investigate all criminal activity/suspicion and that all we can say.Remembering that I only tried cultivation ONCE when I had underage kids at home (when it was still illegal in Cali), I have some questions. First, didn't you guys do a walkthrough after you vacated the premises? Second, what's on your lease? Third, what's the law on the timing of the letter? Did he/she make it in under the wire, so to speak? Or did the letter come after what the law prescribes?
If you prefer to take this to PM, feel free, but right now my thinking is this--if that letter was supposed to arrive within a certain period of time, and it didn't, then you automatically have legal claim to the deposit no matter what. And, on top, depending on the laws in your state, the landlord may in fact owe you double or treble the deposit if that letter denying your deposit came in too late. Also, if a walkthrough was done and everyone was in agreement, the landlord has no real legal standing, they cannot try you for criminal acts themselves, especially if they never made it an issue previously. So, if the weed and ciggies are only an issue now, it makes a much tougher case for the landlord, irrespective of their legality.
Love these stories of cool landlords - I have owned homes since i was 17 in 1988 and only needed to rent for 3 -4 yrs from 2009-2013 which happened to be the beginning of my seriousness in this field . But there is no one around here who is cool with growing in there home - its almost like your committing murder if you grow a freaking plant ..... i'm at the point were i might just pick up and leave wife , kids and all behind and follow my dream this is insanity and i'm going nuts .......I NEED TO GROW ...... wtfI grew in a rent house once, and it was stressful as hell. So one day
I got a call that the yearly termite inspection needed to happen, and that they were also going to have to spray. Some how I put him off for a month or so, and it allowed for the current cycle to finish. By then I had my new rooms built out in my own house. I moved that shit, and damn if I didn't feel like a thousand pounds was lifted off of my shoulders. This land lord was very cool. I paid him rent in 6 month chunks, and he left me alone. When I was moving out I gave him some bud for his wife. I knew she was a smoker. :)
I know what yah mean, but don't leave the wife and kids........just get shock collars for um :D haha take it easyLove these stories of cool landlords - I have owned homes since i was 17 in 1988 and only needed to rent for 3 -4 yrs from 2009-2013 which happened to be the beginning of my seriousness in this field . But there is no one around here who is cool with growing in there home - its almost like your committing murder if you grow a freaking plant ..... i'm at the point were i might just pick up and leave wife , kids and all behind and follow my dream this is insanity and i'm going nuts .......I NEED TO GROW ...... wtf
I'm a fighter when it comes to my hard-earned, so I would fight it were I in your position. The landlord really has nothing on you, he alone can't exactly ruin your life, especially if you've been keeping your shit tight. If he doesn't still have that single leaf, what's he really got on you? He changed up the walkthrough and it never happened, so you're left in a bad position on that. But it sounds like you're not going to fight it at all, so it doesn't really matter what I would do. Everyone's got to do what they feel is best in their situation.First sea thanks for response ... there is no legal action against me , that was in his letter denying my deposit and was never proven factual as I cleaned the entire home after moving , I actually made settlement the last day of the month and paid my landlord for the next month for two reasons 1 did not wanna move and clean all in one day and in case something went wrong at settlement i wouldn't be homeless. The police in the letter is just him making a statement and I went to the police station to see if they were looking for me (after elimination of activities at new home) and they stated we don't have a warrant for you and we investigate all criminal activity/suspicion and that all we can say.
Now being its a non legal state and the penalties can be drastic I mad the decision to chill till legal or as long as possible without dying of depression even thou I was out of the house for tech 41 days before the policeMAN supposedly came but only not paying for the home in 10 days as it was empty a month besides my cleaning. Now would 1 police narc show up at a suspected grow ? and would they notify the landlord why they were there when i'm 2 miles away and at my hobby getting ready for the new season ? I think not...... BUT....Do I take that chance with so much to lose ? or as little as possible a few thou for a lawyer and a record or probation at the least - for doing something i am truly gifted and passionate for while other do it legally in the same country. (rant sorry but it consumes me as I love this hobby)
My landlord was Korean and was always a little funny about things (his culture) and in 4 yrs he only came by twice and granted i like it that way. The walk thru was a little messed up as he asked me if i could meet him two days before my last month was up as i notified him that i would be moving as my lease was already over and extended a month (not legal but by email) so he asked if i could meet the next day to which i said fine thou email but after 12pm as i had something to do .... well i'm on my way to meet him and read my email and it says i cant make it (landlord to me ) could you leave the keys on the counter to which i was happy to do as i really didn't wanna see him.... the home was ok but a few things needed repair dishwasher was broke and a few stains wouldnt come out but I could never call him for obvious reasons and my security was a little lax at that house......live and learn i guess but my thinking is when the plumber was there as he stated he need to fix the toilet ?? he found a leaf or something in the drain and the landlord called the cops...... the money is really not my issues as i took pictures myself and could take him to court but with the pot issue my wife gets crazy so dude will basically keep my 2600 and ruin my favorite thing in life...... for now ...... my question is do you think i did the correct thing or was it bull shit ........ o and kids are 17 & 22 and pro marijuana .....don't smoke but they are smart enough to know that its much better than alcohol as a matter of fact they get living prove everytime there mom has to much wine.........
not in mine either but my wife is insane when it comes to growing and its 2600 bucks . So I get a lawyer and he takes 40% not worth the hassle , time , bullshit ....money aint the issue as i will continue to make it as long as they print it.... i will never rent again so lesson learned there but wouldn't mind as much if i could still grow. he all ready ruined my hobby/passion for the time being ..... @sea no I don't think anything will come from it but you need to remember that not all states are as liberal as some around here it would be a major deal , front page news of a major pot grow .... clones , moms , veg , flower , male they all equal a pound at 20 bucks a gram to these pricks , they can like i said take my home , cars .... etc not to mention $ but good luck finding that.... this whole situation just makes me wanna move .......BUT I CANT.... in a perfect world some place close to me (east coast ) becomes legal soon and i am up to commute ......I would call his bluff...he's been waiting to write this letter IMO. Is there any proof the narc dept came by? Btw it might be best to walk away but it's not in my nature.
Pay a lawyer to send him a letter on your behalf...you can thank me later :D
Also dan in the letter he outright accuses me of sub letting because there was mail in other names in the mail box.....mind u they have been coming to my mail box since i moved and i just throw them back in out going mail..... so thinking i could sue him for that as i never rented before this home and would never sub let and these people can be found to testify ......humI would call his bluff...he's been waiting to write this letter IMO. Is there any proof the narc dept came by? Btw it might be best to walk away but it's not in my nature.
Pay a lawyer to send him a letter on your behalf...you can thank me later :D
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