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This Is Not Right? What Would You Do?

  • Thread starter Thread starter OgOnSteriods
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This Is Not Right? What Would You Do?

OgOnSteriods 29 Replies 3,070 Views
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OgOnSteriods

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#1
Hello Farmers I live in Los Angeles CA and i am a 215 patient and honestly use medical cannabis for health benefits. This is my problem right now.

I live in a low income apartment with mother(mentally ill and 215 patient ) sister (single parent and putting self through school) Nephew (only 3 months old) and Myself. In June 2013 i injured myself at work causing me to have to take time off because i work security and i busted my knee trying to help a co worker who was being attacked and i slipped and busted my knee badly they put me on workers comp and i had to visit a doctor and they gave me all these heavy pills to help with the pain however i felt not only was i getting addicted to the pills but all i was able to do was sleep all day. So i decide to see a outside doctor to try medical cannabis and not only was the pain completely gone but i found out that my back pain (college football player injury) was gone and i would have a more restful sleep not waking up in the middle of the night which i do often because i work over night sleep patterns are off. In the summer its normally really uncomfortable to sleep in my house because its to hot during the day. However a cost effective solution is to smoke about a gram of a heavy Indica to put me to sleep.I was able to return back to work after only two weeks of using and stand for 8 hours.

On Feb 28 2014 my apartment flooded and completely destroyed all my belongings (no renters insurance) and the apartment complex moved us into a motel until they finished repairing the unit (took over 60 days). By this time i already started growing my plants in my room and me being away and being able to take care of them i made it a point to buy a grow tent with all the works.(anyway) First grow ever i didnt know how big the plants would get and i had 5 x 5gal plants one couldn't fit in tent so i kept it small in a 1 gal pot and put it outside on my balcony. This was in April, manger spotted this plant and gave me a written notice to remove all illegal drugs from my unit. I explained to them i was a 215 patient and they took a copy of my doctor recommendation and Driver License. The regional property manager happen to be there and told me it was OK i just had to show i was a patient and she didn't know. basically apologize. That was that. In May 2014 i got written up because i was smoking outside my unit. ( I know this is unwanted and honestly i don't like smoking outside but as i mention before my mom is not all the way right in her head she didn't recognize me and she thought a stranger was in her house. This it be comes dangerous for me . So i leave when this happens )
Fast Forward.....

Unit inspections Jan 7 2015 , i was in my room sleep with my room door open my friend was playing Xbox my grow tent was up with nothing growing inside (NOTICE: I WAS NOT GROWING, NO GROW LIGHTS ARE TURNED ON ,NONE OF MY INTAKE FANS ARE ON, NUTRIENTS AND OTHER EQUIPMENT PUT AWAY!!!!!!!!) My mom lets them into apartment and they proceeded to snap photos of my grow tent and in the living room my brother who doesn't live with us came over a week or so before that saying that he was going to move back in with us because he broke up with his girlfriend and when he came over he brought over some of his stuff (he is also a 215 patient) who likes to keep his med bottles and he had alot of them a whole trash bag full which all the containers have his name on it. He didn't end up moving back in because he made back up with his girlfriend but never came and got his stuff. So management took pictures of that. Then i paid the rent on the 8th after i paid the rent the manager hands me a THIRTY-DAY NOTICE TO QUIT. He showed me the pictures and i explained they just had pictures of a tent so we went back to my apartment and he took photos inside of my empty tent then i showed him my brothers name on his medical bottles/ caps and even handed him two capsules as proof. Seems like there not going to stop the notice they gave me . WHAT SHOULD I DO?
 
#2
Idk man i grewnin an apt for two years. But my shit was locked up tight. When inspections rolled threw my shit was locked and said its my roomates room he locks it when not here. So fuckmoff pretty much. Im in LA to and there is alot of dickhead landlords. I mean since youve already pulled up your skirt nothing you really can do. Imo shouldve made sure before you started any how. One option would be to call head office and make a complaint slash reasoning that you were told by so and so , if you remember names thats even better that you were given the go ahead by this person. If you cant move. Tell them that you apoligize for the confysion but i was told it was ok and ill take care of the problem first thing.

Or get a lwyer thats pretty much all the options left.
Happy farmin;)
BOL!
 
#5
The law requires a written notis of inspection 48 hours before any inspection. They entered your apartment without this notis so you might remind them they entered your apartment unlawfully. The reason the law allows them entrance in the first place is so they can inspect the apartment for repairs and condition, not for law enforcement purposes. Any evidence they gathered is also unlawfully gained and use of the evidence is grounds for a law suit. Check your contract and see if it has any rules you may have agreed to in regards to growing , if not tell them what you do is legal and what they are doing will result in a law suit in court. Ask them to get the advise of an attorney of their behalf to advise them of their rights because you have access to legal aid and would like to have a meeting of attorneys before pre- trial. See an attorney from legal aid first and if possible hand them your attorney`s card. This should put a stop to this foolishment.
 
#6
Mr Castle is correct, to the best of my knowledge. You also need to look at your lease. They're operating in California and I don't know that they can use this kind of evidence (you get fucking written up while at your own HOME, like when you're working???? WTF??) to evict you. But, regional manager suggests to me that they're a corporate structure, suggesting deep pockets. That doesn't mean they should be allowed to break the law.

You need to learn about landlord-tenant rights NOW, you need to call the city itself, you need to get in touch with Fair Housing (especially given the people living in that apartment) and you need to assert your right to be able to live in YOUR fucking home that YOU'RE paying for without harassment like this. Plain and God damned simple.
 
#8
Shroom is king.....I would lawyer up and be proactive, sue em and name every single involved individual and entity for discriminating against your medical condition and your preferred treatment choice as prescribed. Get em.....
 
#9
However you can be evicted for pretty much anything else. I'm not sure if anyone else really read the OP but it doesn't sound like OP can lawyer up anytime soon.

I agree that OP should of spent the time they invested writing that post in googling California landlord tenant laws. Here is a pretty clear answer that lines up with a majority of property owners. The land lord has every right to evict.

http://answers.google.com/answers/threadview/id/732161.html

The post is from 2006 and still pretty much nails it on the head. He lives in a mega corperation apartment building and he is replaceable with someone who isn't breaking their lease. Its pretty back and white stuff guys. My office gets heart break calls like this all the time.

At the end of the day to a land or property owner cannabis cultivation is a liability on so many levels. It's an insurance liability, its still illeagle, it's still criminal and violating the law in your apartment is most def in your lease.

The arm chair legal advice in here is great if you have deep pockets and have time to keep suits in courts for years. This guy hasn't replied since he posted because his ass is on the street hustling looking for a new place to live because his liability of a brother is a horder and kept a bunch of empty pot containers, OP openly was growing on his balcony, OP was warned about smoking in a no smoking building/property, and who knows what else this guy isn't telling us.

The fact he stared off trying to convince us its for medical use should of been the red flag first off.

This is the kind of stuff that makes CO and WA laugh at us.

OP has zero legal recourse in this situation and made his family homeless. gg

Morale of the story?
 
#11
shegrowsbig said:
However you can be evicted for pretty much anything else. I'm not sure if anyone else really read the OP but it doesn't sound like OP can lawyer up anytime soon.

I agree that OP should of spent the time they invested writing that post in googling California landlord tenant laws. Here is a pretty clear answer that lines up with a majority of property owners. The land lord has every right to evict.

http://answers.google.com/answers/threadview/id/732161.html

The post is from 2006 and still pretty much nails it on the head. He lives in a mega corperation apartment building and he is replaceable with someone who isn't breaking their lease. Its pretty back and white stuff guys. My office gets heart break calls like this all the time.

At the end of the day to a land or property owner cannabis cultivation is a liability on so many levels. It's an insurance liability, its still illeagle, it's still criminal and violating the law in your apartment is most def in your lease.

The arm chair legal advice in here is great if you have deep pockets and have time to keep suits in courts for years. This guy hasn't replied since he posted because his ass is on the street hustling looking for a new place to live because his liability of a brother is a horder and kept a bunch of empty pot containers, OP openly was growing on his balcony, OP was warned about smoking in a no smoking building/property, and who knows what else this guy isn't telling us.

The fact he stared off trying to convince us its for medical use should of been the red flag first off.

This is the kind of stuff that makes CO and WA laugh at us.

OP has zero legal recourse in this situation and made his family homeless. gg

Morale of the story?
Click to expand...
Wow.....You seem to be on the pulse, well you convinced me it's just a dam shame.
 
#12
markscastle said:
The law requires a written notis of inspection 48 hours before any inspection. They entered your apartment without this notis so you might remind them they entered your apartment unlawfully. The reason the law allows them entrance in the first place is so they can inspect the apartment for repairs and condition, not for law enforcement purposes. Any evidence they gathered is also unlawfully gained and use of the evidence is grounds for a law suit. Check your contract and see if it has any rules you may have agreed to in regards to growing , if not tell them what you do is legal and what they are doing will result in a law suit in court. Ask them to get the advise of an attorney of their behalf to advise them of their rights because you have access to legal aid and would like to have a meeting of attorneys before pre- trial. See an attorney from legal aid first and if possible hand them your attorney`s card. This should put a stop to this foolishment.
Click to expand...
Thanks for the advice after futher investigation i found that my mother took the notice off the front door and was in her room the whole entire time. Futher found out that my friend open the door not my mother. He does not live there was just visiting. With that being said can they still enter apartment if the owner mainly head of household or person over the age of 18 that live there give someone permission to enter and still be legal? Hence if your not home when they come to your unit they normally allow themselves in.
 
#13
Seamaiden said:
Mr Castle is correct, to the best of my knowledge. You also need to look at your lease. They're operating in California and I don't know that they can use this kind of evidence (you get fucking written up while at your own HOME, like when you're working???? WTF??) to evict you. But, regional manager suggests to me that they're a corporate structure, suggesting deep pockets. That doesn't mean they should be allowed to break the law.

You need to learn about landlord-tenant rights NOW, you need to call the city itself, you need to get in touch with Fair Housing (especially given the people living in that apartment) and you need to assert your right to be able to live in YOUR fucking home that YOU'RE paying for without harassment like this. Plain and God damned simple.
Click to expand...
Yesterday was a very busy day for me. 1st i made a call to Barker managent (cooperate office of the owners of property) the person i spoke to wasnt the person that in charge of the Los Angeles properties however she explained that they do not care if we use however since its a government funded building (Feds) that they do not allow such use. My question is why was i told it was ok almost a year ago and what was the purpose of photo copy my REC and DL?
 
#14
Get an attorney, you can get a free attorney through Legal aid. They did an illegal inspection plane and simple and regardless of any other advise, that is not ok. You do have rights as a tenant. Talk to an attorney !!!
 
#16
Look at your lease, and get in touch with Fair Housing. The fact that you have someone who's on disability in the home I believe makes a difference. Fair Housing will act as mediators between you and your landlord, and if nothing else can help you find a better location within a time frame you can work with.

Look up actual current landlord-tenant law, especially in California the laws change annually. I was a landlord in '06, then my sister and brother-in-law became landlords a few years later and by then a whole slew of laws had changed.
 
#17
...since its a government funded building (Feds) that they do not allow such use...

Exactly. HUD & Section 8 housing fall under federal guidelines ( http://portal.hud.gov/hudportal/documents/huddoc?id=med-marijuana.pdf ) and you were on your 3rd strike. ( ANY lease violation is reason enough to evict )

You are even allowed to Evict based ON THE FACT PEOPLE ARE SMOKING POT ( http://blog.norml.org/2011/06/30/it...riminates-against-medical-marijuana-patients/ )



The law is really clear. Please take the time to read the safe access guide on using and renting with cannabis. Please stop making excuses for your faults. Notice was put on the door. You are solely at fault for smoking outside, allowing your brother to pile up his garbage, and who keeps a grow tent right on the other side of their door?

You received 48 hours notice ( You as in the UNIT, that satisfies state law. ) There was no illegal entry. When you live in a rental you have zero rights. Landlord > YOU.

With you gone then can charge someone full price for that unit now instead of receiving a fixed amount from. Time and energy invested in fighting this is time spent you could be moving into a decent place and not waving a huge 420 flag.

Blend in and stay discreet. This isn't ex post facto, we are all still criminals in the eyes of your home owners insurance, car insurance, workers comp, health insurace, credit unions, banks, ect ect and all of them would drop / cancel / close your accounts when they find out you are growing/manufacturing/transporting/piling up green bills.

No matter how much you THINK this is a legit industry it still isn't and you have to stay more lowkey.
 
#18
First off landlord/ tenant conflicts fall within the state court system most of the time. You do have rights and there has been laws broken by your landlord. You may get a an injunction order while your complaint is heard in court. Most likely you will want to move anyway or as soon as you are able. You are very likely to get a settlement offer at some point. You can sue for wrongful eviction, but that would depend on your contract. Most likely the landlord or corporation will be fined as well. I had nearly completed my Masters in law when I dropped put of school and that was years ago . I never took the Bar exam so I can only advise you to seek an attorney. But please believe me you do have rights. People win law suits against landlords every day in America, I hope this turns out to be the case for you.
 
#19
He lives in a low income /section 8 / HUD housing. Again no rights to smoke or grow in a federally subsidized housing (Prop 215 means nothing here) . He owns up to be cited about smoking a the property (Goes against prop215) and cited on the plant (Goes against prop 215 as well).

The guys friend let the manager/inspector in. There is no undoing that. That happened, photos were taken, and he was allegedly legal in California BUT BUT BUT since he/ his mom / his sister / all of the above are on some sort of FEDERAL housing assistance (among other presumably state&federal pr0grams) federal law trumps in this situation and since every lease includes a provision about not commit crimes it's a legal eviction.

Any lawyer taking this case with all the evidence in front of them is just trying to milk this kid for money.
 
#20
Growing in section8 housing is a bad idea. But renters are not obligated to allow themselves to be policed by their landlords. In this case everybody is wrong.
 
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