legal advice

purpleberry · Jan 21, 2010

If you pay the rest of the lease, its a bribe. You only have to pay until he leases it out, Also he must be attempting to lease it back out with a sign and advertisement like graigs list or the news papper.
I would say chop everything, but i guess his wife sounds like your ok.

GrowBot · Jan 21, 2010

thanks alot man. im gonna wait to address this issue after i pay him. it does sound like a bribe huh

dr.lewis · Jan 21, 2010

In California....
If you are a state registered MMP, then you are protected so long as your numbers are right... The law states that landlords, "must not molest" their tenants b/c of their medicine growing.

Pot Boy · Jan 21, 2010

I still say chop get all your gear out cut your losses and be happy your not typing this after coming from a jail cell, Dude think about it is it really worth your liberty? I know hes being cool and all but my first rule is tell no one all he has to say to someone you don't even know is- I know this guy growing the fire. Here you are sitting on a nice sack of buds... knock knock !I'm just say en bro..

sleepyhead · Jan 21, 2010

how many weeks are the plants in...
if he said hes not gonna do anything its most likely hes not going to do anything

most importantly you just need to stay calm so you dont attract more attention to yourself

let those plants finish up if its not to long and before you harvest just get most of the equipment out and in to a friends house. i would get everything that looks like grow equip out AT a time of day that isnt going to tell alot of people what your doing or just put it in boxes like your already moving

OR

i wouldnt ask your landlord anything i would leave him alone

and try and pull those 30 when they look ready

its not a meth lab.... and this isnt the 80s ... its a weed lab and more and more people are starting to get a better understanding of this plant. many people who dont smoke think its more decriminalized than we think it is right now

good luck! really just stay calm i doubt the guy was QUICK enough to take pictures

SkyHi · Jan 21, 2010

Rolln J said:
damn that sux - only way a landlord can just walk in is if there is a problem like a burst pipe...

I take it your not a med grower?

always, always, always change the locks on a rental!

Changing the lock is actually against most leases

afatsoweezer · Jan 21, 2010

I'd like to add something, GrowBot ... see if you can find someone to take over the lease and present the idea to your landlord. It might take a lot of the pressure off of you, but only you know the situation and although we're saying our peace, do what's right for you.

If you went so far to ask the opinions of others, are you also the type who hates looking over their shoulder all the time? Settle this problem, accordingly. Again, sorry this happened to you.

GrowBot · Jan 22, 2010

dr.lewis said:
In California....
If you are a state registered MMP, then you are protected so long as your numbers are right... The law states that landlords, "must not molest" their tenants b/c of their medicine growing.

Pot Boy said:
I still say chop get all your gear out cut your losses and be happy your not typing this after coming from a jail cell, Dude think about it is it really worth your liberty? I know hes being cool and all but my first rule is tell no one all he has to say to someone you don't even know is- I know this guy growing the fire. Here you are sitting on a nice sack of buds... knock knock !I'm just say en bro..

sleepyhead said:
how many weeks are the plants in...
if he said hes not gonna do anything its most likely hes not going to do anything

most importantly you just need to stay calm so you dont attract more attention to yourself

let those plants finish up if its not to long and before you harvest just get most of the equipment out and in to a friends house. i would get everything that looks like grow equip out AT a time of day that isnt going to tell alot of people what your doing or just put it in boxes like your already moving

OR

i wouldnt ask your landlord anything i would leave him alone

and try and pull those 30 when they look ready

its not a meth lab.... and this isnt the 80s ... its a weed lab and more and more people are starting to get a better understanding of this plant. many people who dont smoke think its more decriminalized than we think it is right now

good luck! really just stay calm i doubt the guy was QUICK enough to take pictures

afatsoweezer said:
I'd like to add something, GrowBot ... see if you can find someone to take over the lease and present the idea to your landlord. It might take a lot of the pressure off of you, but only you know the situation and although we're saying our peace, do what's right for you.

If you went so far to ask the opinions of others, are you also the type who hates looking over their shoulder all the time? Settle this problem, accordingly. Again, sorry this happened to you.

SkyHi said:
Changing the lock is actually against most leases

thanks alot everybody. im gonna ride it out and hope for the best. i know some of yall prob think im an idiot but i would be completly fucked if i didnt take the risk. i really dont wanna move in with my parents, that would blow.

kushpheen · Jan 23, 2010

I highly doubt he is going to tell the police how he illegally entered your space without notice, otherwise known as breaking and entering. It seems like your being extorted for 6 months rent. The key to resolving this peacefully is negotiating a reasonable compromise where you pay him for any lost rent/damages. I would consider finishing your harvest at another location if possible. That way he if does threaten to turn you in at least your harvest will be safe, and you in turn can remind him of the laws protecting tenants privacy. Hope it works out for you.....

lifecycle · Jan 23, 2010

fuck him!! why would you pay him he broke the lease not you??? On another note you got 3 monthes to find another place..he cant just throw you out on the street.

This assuming you are medical of course..

supasticky · Jan 24, 2010

I wouldn't pay him till you're ready to leave. He could just be worried that if you get caught up he wont get his money. He might be a pot hater and want to screw you over.

-Supa

GrowBot · Jan 25, 2010

thanks alot guys

Rolln J · Jan 25, 2010

SkyHi said:
Changing the lock is actually against most leases

so what - keeps them from getting in your house illegally!

GrowBot · Jan 27, 2010

Rolln J said:
so what - keeps them from getting in your house illegally!

yeah no shit brotha - the only way they would know if they were changed is if they were going in, better to get in trouble for changing the locks then finding a bunch of bud in the house

PureSugar · Jan 29, 2010

I told this story to a friend of mine who is a landlord and he said either get your plants out or finish them then tell the landlord if he requires you to vacate the property sue him for breach of contract and for entering the property without proper legal notice. Also let him know that it is against the law to collect double rent so if he moves someone in and charges both of you rent HE is breaking the law! Tenants have rights and judges tend to side with the tenants. If he has pictures he can't use them against you. They don't prove you did anything wrong and it incriminates him. This is blatant blackmail! My friend entered a tenant's unit without notification other than knocking on the door. The tenant sued him and won $20,000. If you are in California the landlord broke the law not you...remember there are no regulations on plant numbers anymore.

markscastle · Feb 1, 2010

I was about to say the same thing as PureSugar except The Police can use any info the landlord gathered but would also have to charge him with burgary first.It would not fall under `the Fruit of the Poisen Tree` if the info was not collected by the police or there agents and* it came into there possesion by means of a seperate investigation against the landlord. However it is legal to grow marijuana under 215 in an apartment.I`d check the lease agreement as to any wording about tenant use for contractual agreement laws.I don`t beleave the landlord or police can do anything about you growing.You would be liable for any damages to the apartment such as holes for venting,mold and water damages ect. But the landlord is liable at this point for breaking the law.Landlords have the right to inter leased property only to check conditions of the property twice a year unless specified in the contract other wise.They must give written notis at least 48 hrs ahead of time and unless you give permission, you or someone of your choise must be there.It is not unlawful to grow medical marijuana in your home under state law.It is unlawful to grow for sale or distibution.And yes the plant count has been through out in California but because of fedral law I would not try growing over 99 plants per doctors recomendation.Now that the Landlord is aware of the grow both of you are responcble for fire,health,and local land use codes. I want to stress I am not an attorney even though I have a degree in law.This`s just my opinion and not to be taken as advise of an attorney.I would check with the local legal aid office If I were you.

greenthumbdanny · Feb 1, 2010

pay up to what you owe>>and that only>>why would you pay for the rest of the 6 month lease when your not even gonna be living there
Just bullshit the guy and put him over till you get your shit done and out of there.
6months worth of rent is a lot of money imo. He's the one that wants you out of there not you.
Mail the money that you owe and bounce
This is what i would do regardless of him seeing my medical garden. Bullshit him till the time comes brother

gtd

sunsimulator · Feb 1, 2010

If he came in your house while u were away ,,
THAT IS BREAKING AND ENTERING!! HE COULD GO TO JAIL << U TELL HIM U WILL HAVE HIM UP FOR BREAKING AND ENTERING <<< IF u get caught ,then it will be thrown outa court. Because if was found under false pretense.

BC_Bud · Feb 1, 2010

This really sucks man!

Here is what I woud do.

Finish your grow, get everything out and have a talk with him. See if it's possible to work things out on better terms for the both of you, ideally without you having to cuff him 6 months rent, unless that is a rquirement of your lease.

If he does not ant to talk, pay him according to the exact lease terms, by check payable to the order of the landlord. If lease says you have to pay rent until he finds another tenant, then give him a few pre-dated checks to cover each months's rent individually. As soon as he rents the place out, contact your bank and cancel the uncashed checks.

As long as your plants and equipment are out before you go talk to him, you will be ok. If for whatever reason things get ugly with him and he threatens to show the pics to the cops, well, like lots of people said, he broke the law to take the pictures so...

Good luck man, hope you get your life back on track soon.

BC

greyfx · Feb 10, 2010

You change the locks on everything with a rental, I would medical or not. I have a friend who I told to change the locks and has yet to do it, and if he gets caught I told you so. I chopped 7 1/2 @ 7 1/2 weeks just because I found out a house I was using was in forclosure, and well you could smell it in the driveway, when the furniture moving guy smells your bud and is like oh you smoke?..... Oh yea I just got done smoking with my girlfriend she just left for work. It's time to move after that. Be careful with renting and sometimes it protects you more to not have a lease, especially if your doing one big run. My attorney told me that, that you can pretty much do anything to the house when no lease or agreement has been made, because a lease is what covers certain aspects, like locks on the doors etc.. but I could care less about breaking a small lease issue like that. I hope your safe growbot no matter what man. I would have probably cut my losses and chopped. Goodluck man. /end of high rant lol

legal advice

legal advice

purpleberry

GrowBot

dr.lewis

Pot Boy

sleepyhead

SkyHi

afatsoweezer

GrowBot

kushpheen

lifecycle

supasticky

GrowBot

Rolln J

Guest

GrowBot

PureSugar

markscastle

Well-Known Farmer

greenthumbdanny

Premium Member

sunsimulator

BC_Bud

Premium Member

greyfx

legal advice

legal advice

purpleberry

GrowBot

dr.lewis

Pot Boy

sleepyhead

SkyHi

afatsoweezer

GrowBot

kushpheen

lifecycle

supasticky

GrowBot

Rolln J

Guest

GrowBot

PureSugar

markscastle

Well-Known Farmer

greenthumbdanny

Premium Member

sunsimulator

BC_Bud

Premium Member

greyfx

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