What is one to do in this situation? HELP needed now.....

[bonsaiguy]

Hey everyone,

Just want to put forth a new life experience I need some opinions on.

My situation is this. I rented this house just 4 months ago. My wife and 12 year old son occupy it. My landlord wants to come and inspect. I suspect that maybe a neighbor has smelt my smoke and complained. I am very discreet about when I smoke in my back yard. If I hear kids playing or even anyone else in their backyard I go inside and medicate. I live in a rural area and not really too many neighbors but still. They may sit quietly in their back yard and smelt something. Anyways..... The reason I think someone has complained is that we are really good tenants. Massive weeds in the front which took my wife nearly 2 weeks to clear out and we even got some flowers started in the plant area out front. A drive by would reveal a good tenant to any landlord.

My landlord INSISTS on doing an inspection and even sent me a two day letter saying if needed he will get a locksmith if I had switched locks. When he first insisted on this inspection I objected on grounds of my privacy. I didn't mention medical privacy just privacy. He claims some law says that he could with a 2 day notice.

What is one to do? I really don't want to share with my landlord my medical history and don't think I should have to. I feel my fundamental right to privacy supercedes his right WITHOUT CAUSE to inspect. I don't have the money to defend myself in court. I do have a grow op as I can not afford street prices or club prices.

Should I fight him on this? If so what can I do to fight? Can I get a judge to sign a restraining order if I tell the judge my story? Do I let him in and fight him when he tries to evict me? What about the renewal of the lease? Will I have grounds if I let him see my grow op for a discrimination claim? What is one to do?

These are all new situations as this new initiative goes forward.

This type of situation will affect us all in some way or another. HELP.....The landlord is coming on the 20th. HELP...

 

[vaporedout]

yikes.... but alas he has the right as long as he give you notice, i had a similar situation with our last rented house, i just said my wife slept days and was asleep in that room, unless your in the garage.... good luck!!

 

[aldus]

Uhaul everything for the inspection.

 

[outwest]

i had a similar situation with our last rented house, i just said my wife slept days and was asleep in that room

You have iron balls and a clueless landlord. Strong work.

Bansai - You may have no other choice but to yank things, at least temporarily for the inspection. Probably not a good fight to pick.

outwest

 

[TrichromeFan]

I agree with Aldus. Clear house. Get inspected. Get out of that lease ASAP afterwards and move on. I see no other option.

-TF

 

[bonsaiguy]

You have iron balls and a clueless landlord. Strong work.

Bansai - You may have no other choice but to yank things, at least temporarily for the inspection. Probably not a good fight to pick.

outwest

Unfortunatly this idea is not an option. I am a sick disable old man and can't move quickly enough to do this idea. But thanks anyways. I appreciate the idea.

On a side note. This is my second attempt since the initiative to grow some MMJ. I am not doing so well in that area. I would be ashamed of my grow if anyone saw it. LOL ....

 

[sky high]

His 'cause' to enter is that he >>>owns<<<< the house. As a renter you more than likely signed/agreed to allow him to enter with sufficient notice. (24/48 hours/etc) You have no fight here you can win. No judge will touch something so standard. it's just the way it works if you rent.

I'm sure you've bashed it around and know that you either have to break down and get it out of there....or take yer chances. If you are carded and legal and in compliance in yer grow, he'll either give ya the nod or show ya the door. If you aren't legal...the answer is obvious what you should be doing...like now....

good luck

s h

 

[vaporedout]

You have iron balls and a clueless landlord. Strong work.

outwest

kinda both, my landlord knew my wife was sick and needed rest, so he didnt bug with that room, i did turn everything off so there was no fan sounds.. yeah now that i think of it youd be best to just scrap the grow if your ashamed of the progress so far, theres an excuse to start fresh again... good luck again!!

 

[GodZsoN]

My neighbor called the cops rather then my landlord.. And they wiped their ass with my 203 card.. My suggestion is to remove ur plants going now and replace them with vegetable plants and herbs(rosemary,thyme, basil etc.... Sounds crazy but I have a few friends that grow this stuff in their house.. If you do decide to remove everything.. Shoot me a pm I'll be more then happy to help.. I'm in chandler..

Peace and good luck..
GodZsoN

 

[bonsaiguy]

My neighbor called the cops rather then my landlord.. And they wiped their ass with my 203 card.. My suggestion is to remove ur plants going now and replace them with vegetable plants and herbs(rosemary,thyme, basil etc.... Sounds crazy but I have a few friends that grow this stuff in their house.. If you do decide to remove everything.. Shoot me a pm I'll be more then happy to help.. I'm in chandler..

Peace and good luck..
GodZsoN

Hey thx for the offer to help. I don't think I'll need it. I still don't know what to do yet. Everyone says break down the set up. Hide it. Well I shouldn't have to. I feel like a criminal. I am just a sick disabled old man who wants to be left alone.

What I could use from you GodZsoN is if you are not doing anything on Friday and you have a video recorder I could use your help there. I don't know anyone with a video camera. If you can't make it on Friday anyone around the Mesa/AJ area who can loan me a video camera that would help.

 

[og619]

^^^What he said...put them in a uhaul/van/closet/corner of garage under tarp/take cuttings and start over/etc...good luck, but with a landlord that wants to do home inspections after 4 mo, you may want to find a new spot.

 

[bonsaiguy]

^^^What he said...put them in a uhaul/van/closet/corner of garage under tarp/take cuttings and start over/etc...good luck, but with a landlord that wants to do home inspections after 4 mo, you may want to find a new spot.

I appreciate your input. I picked this house to move into because it is rural and away from the helicopters and sirens, was within my budget and suited my other needs. Some mexican music on the weekends is tolerable. I don't want to be moving anytime soon. It is so expensive to move. I have to hire everything out because of my disabilities.

 

[ttystikk]

All of the above advice is good. Heed it- especially the part about yanking your 'shameful' plants (or stashing them under a blanket in your locked car or truck, in the garage- he can't search YOUR personal property, even if it's on his) and replacing them with starts from the local greenhouse. There's nothing illegal about growing basil and peppers in your house. While the landlord is there doing his inspection, you have the right to ask him what he's looking for, and why he decided to come over now. If he's at all honest, he'll tell you. It's just possible it's not MMJ related... If he's evasive or acts like a dick, tell him that you'll consider this grounds to break your lease, and all the goodwill work you've put into the place will just have to be his compensation... After all- he's done it once because of a nosey neighbor, what's to stop him from pulling it again?

 

[sky high]

You may be forced to move anyway if he doesn't approve of your grow.....law or no law...it's still his house. If you don't wanna move your residence, I would play it safe and move my grow.

Either way....you have us on the hook so please let us know what happens...

good luck

s h

 

[bonsaiguy]

Thx for everyones suggestions. It looks like the majority says move or hide the grow.

Heres what has expired. They were scheduled to come down on Friday. I called and again voiced my objections over the inspection. I cited the state and federal constitution and my rights to privacy and due process. I asked the reason for the inspection and got "just because". Errrr not good enough. We discussed sometimes argued over points but I stressed he may have a right to inspect but I have my FUNDAMENTAL right to privacy. I don't let the sheriff in I don't let the landlord in or anyone else in unless I give them my permission. I also told them if they did decide to come on down on Friday they better have a court order in hand and the sheriff. I stood my ground not on the MMJ basis but my basic fundamental civil rights.

What was settled was I am to send via certified mail my objections based on what was discussed and they will present it to the property owner and their lawyer. No inspection on Friday. Yippee...... I just couldn't get everything packed up or moved by then.

I also stressed that I was a vet and took an oath to protect and defend the Constitution from all enemies foreign and domestic. And I take my oath seriously unlike our great politicians.

Man, I don't wish this on anyone. I am looking at a 6-9 month devastating therapy which the MMJ is going to help me get through. I don't need this sh it from a property owner wanting to disturb my peace or interfere with my recovery. I needed to get this inspection taken care of so they don't ever ask again. They must think I'm some kind of nut and not a NORMAL person with my insisting that this will lead to civil rights violations on their part.

So I will send them my certified letter for their file. Hope they put this on the back burner and assume that they will not renew my lease. At least they won't know for sure that I have a grow op and can't relay that to the next landlord. All they could say is I'm some kind of constitutional fanatic and won't let ya do inspections.

 

[squiggly]

Having grown up in the streets--my first instinct has always been to ditch the shit and think about it later. I think overly paranoid is exactly the right amount of paranoid--something which has kept me out of trouble, and the lack of has seen most of my friends into trouble.

Where I'm at, it'd be a no brainer since I'm not in a medical state--but my suggestion to you is that it's basically a no-brainer every time.

The stuff that's going on now related to MMJ and MJ in general is really not kosher. Saying to yourself a common quote from my neighborhood growing up will aid you well here imo:

"I ain't the one."

Don't be the guy--it's just not worth it. The law isn't about finding what the right thing is anymore, it's about being positive we've got it right all the time and being huge dickheads in the interest of some enfeebled version of justice. If I were you I'd do anything to avoid getting myself caught up in that.

 

[outwest]

Agreed, Squig. Use the extra time you bought yourself to get out or break down. However you go, I'll be gunning for you. Good luck!

outwest

 

[ttystikk]

Bonsaiguy, you're in a tough spot- and AZ is chock full of self-righteous morons who dn't care about your rights, your privacy or anything else. I know, I've been there. If I lived within 500 miles, I'd be only too happy chip in and help you get things squared away for your inspection, and then get set up again afterwards. It's the least I can do for a disabled veteran.

I've got my fingers crossed for you... and if you move, consider Colorado- the MMJ thing isn't quite the hot button issue here as it is further south- and both the climate and the people may be more to your liking!

 

[baba G]

Wow....When you signed that lease, most likely you signed that the landlord/owner could visit the premises to do whatever they please with certain amount of notice.
Live up to the document you signed and give the owner the right he so deserves, the right you are standing up for, so to speak...
If you owned your property or parcel, you'd have much more privacy, but you've voluntarily signed away a certain privacy in that lease document. fwiw
It's not an attack on you as a person, as I know nothing about you, but if that was my property....What if I wanted to upgrade to solar? What if he has good intentions? Regardless, it's his right to PRIVACY to not tell you all his plans for his property. Granted, if it's all because you smoke and that's why he wants to visit ultimately; while I would concur the Landlord is a douche then, it's still his right if the standard clauses are in said lease.

p.s. smoke in the grow room, if you have a carbon filter for exhaust, you can medicate in peace and just blow your smoke up to the filter so you don't dirty up the plants with particulates..

 

[El Cerebro]

Pay a lawyer to send it on their letterhead. This alone will have more impact than anything you say. Sounds like you are dealing with a third-party management company? They no doubt have a lawyer ready and have probably dealt with this before (major disadvantage to you, and these companies often try to contaminate the local attorney pool so you have a tougher time finding one who does this kind of law). Bottom line is your lawyer needs to convince their lawyer that this bullshit they started will cost them a ton more money in the long run than just leaving you alone. Also helps if the property isnt easy to rent, although the problem there lies in the fact that the prop mgmt agency doesn't care as much as the owner if it goes vacant. If you are actually dealing with the owner, perhaps telling them (in the lawyer letter) that you find this offensive enough to move could help.

I once had an inappropriate inspection demand with zero notice (prop mgr literally showed up unannounced). Very nice house and not cheap rent, wasn't growing but still told them to fuck off and moved out due to privacy violation. The house then sat un-rented for two years, got vandalized, eyesore in otherwise nice neighborhood, neighbor/hoa complaints, etc. The mgmt co were abnoxious assholes and broke several state laws, i didnt bother to sue but did the courtesy of finding and contacting the (out of state) owner to discuss the situation politely and give him a chance to avoid losing rent. He was also a raving asshole before I could even explain anything, so said fuck it, his loss. In my current situation, taking the moral high-road and moving like that would be physically impossible, so I would wear them out with the threat of a costly lawsuit (and indeed sue if I could get relocation money out of it). Don't be afraid to discuss your mobility issues with a lawyer and use to your advantage, living with disabilty is hard enough without this kind of bullshit.