Follow
Share

Tenants have proper licensing from the state. It is a federal crime, though not a high priority. We want to hire an attorney practicing law in Nevada - where our mom now lives-rather than Calif. where the house is located. We feel there are too many personal and professional relationships i.e. friends/associates within the professional/business areas of this relatively small community. We feel the clock is ticking in terms of legalities and property/personal liability insurances now that Mom has knowledge of this situation.

This question has been closed for answers. Ask a New Question.
I'll mention to Mom the need to be pro-active legally speaking. Demonstrating to all entities, should the need arise, that she is attempting to solve this problem. Very good point- if we don't do it, some neighbors may do it. I'm wondering if the neighbors actions of tipping off owner and their being very uneasy would help support the cause.
Helpful Answer (0)
Report

Houseplant, just play by the rules. If they are breaking the law and you don't turn them in, your neighbors will and the feds will confiscate the whole property UNLESS you ask for help.
Helpful Answer (1)
Report

Will run this by my brother and mom. We hadn't entertained the idea of telling them the place is going to be for sale.
Helpful Answer (0)
Report

Houseplant102, have your Mom tell the tenants that the lease will end in 30 days or 60 days or 90 days, how ever the extension was given.

Here's an idea, have Mom say she is putting the house on the market For Sale starting the first of November. No tenant, who is growing what could be an illegal substance, would want people walking through the house nosing around.
Helpful Answer (0)
Report

It began month-to-month. An additional 3 months was tacked on. We don't know if she just allowed it to lapse back to a month-to-month as we noticed no definite lease period. But yes, she is also afraid of making waves. There was reference to insurances but not having the full lease in front of me, I'm not sure how it was worded. Mom now says she won't contact her insurance company for the time being as my brother and I have told "everyone else" says don't do it. There were verbal discussions about sprinklers. The lease mentions nothing about work performed. I did notice receipts indicating Mom allowed them to be reimbursed indirectly - i.e. rent for that month was discounted based on actual costs of materials. She thought they were solely helping restore the well house. At the same time they put in the sprinklers. Several months later former neighbors tipped off our mom. Prior to the move-in there were no discussions about pot. I think this is a teachable moment in that all leases statewide should be required to spell out the limits set by SB420.
Helpful Answer (0)
Report

at their most legal they are still in violation of federal law and one little oversight can result in a raid and possible seizure of property . the tenants have every reason to lie about their compliance to state laws because to remain in compliance is quite costly and takes the profit right out of cultivating . i wouldnt chance it with my property . then theres always the threat of armed robbery of the pot .
Helpful Answer (1)
Report

Thank you for the SB420 information. I will research this.
Helpful Answer (0)
Report

California SB420 sets a baseline statewide guideline of 6 mature or 12 immature plants, and 1/2 pound (8 oz.) processed cannabis per patient. Individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. Check the local laws for her property, because it sounds like they have more than 6 plants if there is a sprinkler system. If they are in violation, tell them to comply, in writing.
Helpful Answer (1)
Report

Have an attorney look at the lease to see how easy or difficult it would be to get rid of them. She doesn't need this kind of worry at this stage of life. If they aren't under written lease, have the attorney serve them with an eviction notice giving them thirty days to get out. Be prepared to take them to court when they don't leave. I believe any attorney you engage must be licensed to practice law in California.

Keep mom out of it. Mom should hire a property manager to handle this for her. She doesn't need to be in a middle of this kind of problem.

She should say nothing to her insurance company.
Helpful Answer (1)
Report

Houseplant, I can understand your Mom concern, and it is good that she is aware that this could [or could not] be an issue. As I mentioned above, check with the State.

Question, what are the lease terms for the tenants? One year lease? Three year lease? Month to month? If under one year or going month to month... your Mom, as the landlord, can decide not to renew the lease.

How is the Lease written? Is there a paragraph saying that the tenant needs to obtain their own household insurance? Did the tenant obtain written permission for any changes made to the property, such as installing sprinklers lines outdoors?

Bet your Mom doesn't want to make waves, specially if you all found out that there is no license to grow marijuana, and/or if you hear from neighbors that there is a lot of traffic at the house which may [or may not] indicate the tenant could [or could not] be selling marijuana to others. If the answers are yes, consult an attorney that specializes in landlord/tenants on what to do next.
Helpful Answer (0)
Report

I do suppose that your mother as landlord can establish her own rules for the tenants. I don't know if they can be activated for people who already live there, though. She can say that the land cannot be used for agricultural purposes, including growing the marijuana. This would not be denying it to the tenant, since it is a medicine that can be purchased in shops in California. I don't know what the cost is. It must be high, which could be why they are growing their own. I imagine your mother at her age may also have some uneasiness about pot, either for medicine or recreational use.
Helpful Answer (0)
Report

Some specific issues unfolding address the concerns JessieBelle mentioned are part of our mom's concerns . The plants do require a lot of water. Inside this could result in mold problems. Outdoors can cause problems as you mentioned above. They installed some fine sprinkler lines outdoors begging the question "Will they grow more than a personal supply?" The water table is so stressed from the continuing drought in CA. If the well water is be depleted she must pay to connect with the now available public water lines. (The public system had not extended across the property lines until many years after the home was built). She is concerned about the legal implications and becoming more concerned about whether or not insurance covers property damage and actions of outsiders - like anyone raiding the patch. Mom, now 85, continues to say we just never know what challenges life will present. Stressing like this just wasn't ever considered!
Helpful Answer (0)
Report

The physician's recommendation, I hope, will eventually be the golden standard by which our major legal institutions will operate. Two of the most vulnerable groups - elderly like my mom, and the ill, get caught up in a web that can have far reaching consequences within health and/or legal matters. Our mom wants to ask her insurance agent but is afraid to set off any alarms that may hasten the cancellation of her policies. My brother and I are suggesting she not say anything until after she consults an attorney. Stress of this nature is worlds away from what my siblings and I expected our mom to be dealing with at this late stage of her life.
Helpful Answer (0)
Report

I am having a hard time understanding the problem. If your tenants have a card showing they are allowed to smoke medical marijuana, then growing it should not create any extra liability. The only problem I can imagine is if was grown inside and damage was done or someone broke in to steal it. Insurance won't cover that. They might be a little miffed if a seed popped and started a fire, too, but would probably still pay just as they will pay if a tobacco smoker starts a fire. I don't know what personal liabilities your mother would have if the crop was grown outside, other than if someone gets shot trying to raid the patch. You'll need to explain what the concerns are.
Helpful Answer (0)
Report

There is no such thing as a "cultivation license" under California law. Any patient with a California physician's recommendation may legally cultivate or possess as much marijuana as they need for their own personal medical use, and no more.
Helpful Answer (0)
Report

They showed my bother a document that appears legitimate. Checking with the state for verification sounds like a good starting point. My siblings and I each feel Mom needs resolution regarding property/personal liability concerns. If the license checks out our mom can consider the property and liability concerns. Her kids hate to see her stressed over this issue so any ideas for how to approach this without getting her any more stress is appreciated. Thank you for your input!
Helpful Answer (0)
Report

Are you saying that your Mom's tenants have a license from the State to grow the medical marijuana? If that is a yes, there shouldn't be an issue. But I would double check with the State to see if that is correct, and how you can check that the tenants actually do have a legit license to grow said product.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter