What is the name of your state (only U.S. law)? Michigan
Just wondering how others would handle this:
On September 20th around 10 pm we received a call from our renter saying the power was out at the home. We had an electrician out to fix the problem by 3 pm the next day. Upon entering the home we discovered that the tenant has quite a sophisticated marijuana grow operation. The wires in the circuit box were burned and could have caught fire. We learned that the problem with the power was that the circuits were probably overloaded from the grow op. I made no big deal about the repair bill because my intent was to end the tenancy soon after finding this. I covered the cost and informed the renter that that the grow op had to go. He claimed to have a medical license but would remove the set up by Oct 17th. He claimed he needed that much time to remove the set up and since we normally collect his rent that day, it was the perfect day to do an inspection to be sure it was removed. Well yesterday we called to set up a time to stop by and he informed us that the power outage ruined his stove and microwave so he is not paying past due or future rent. Our lease states that renters should obtain renters insurance. He also wants us to pay for a new stove and microwave and he doesn’t want to move until end of November. I planned to just call the police. However, I am concerned that it may seem like retaliation. I was able to confirm that my current rental dwelling insurance will not cover claims related to marijuana growing and can be grounds for them to cancel my policy.
I paid an attorney for a quick consultation (it was only $30) and he suggested that I fall back on the clause in my lease that prohibits using the property for commercial use. I like this route because I am concerned with “violating his rights” to use marijuana for medicinal purposes and I am leery of going down that road. My lease covers me in the ways listed below and I just want him out as a soon as possible. I plan is to use Michigan form Notice to Quit, Termination of Tenancy, Landlord-Tenant (dc100c.pdf) and give 7 days on the grounds that the grow op is a hazard and causes injury to the premises. I could give a 7 day pay or quit since rent is late as of today but I don’t want him to pay and stay. I want him out. Does anyone foresee anything that would make my plan invalid?
Current lease violations (short verison):
*Residential Lease only and prohibits any commercial activity or trade.
*No Pets. Learned he has a new dog too.
*No improvements without consent. He has built a structure and changed the venting system
* Tenant is to notify landlord of any use of the premises that is not considered normal use.
* No illegal trade or activity. However I did not specify state and federal (will be updated for future lease)
*Tenant shall not keep or have hazardous materials that may increase danger of fire or that might be considered hazardous by any reasonable insurance.
Thanks for feedback and suggestions!What is the name of your state (only U.S. law)?
Just wondering how others would handle this:
On September 20th around 10 pm we received a call from our renter saying the power was out at the home. We had an electrician out to fix the problem by 3 pm the next day. Upon entering the home we discovered that the tenant has quite a sophisticated marijuana grow operation. The wires in the circuit box were burned and could have caught fire. We learned that the problem with the power was that the circuits were probably overloaded from the grow op. I made no big deal about the repair bill because my intent was to end the tenancy soon after finding this. I covered the cost and informed the renter that that the grow op had to go. He claimed to have a medical license but would remove the set up by Oct 17th. He claimed he needed that much time to remove the set up and since we normally collect his rent that day, it was the perfect day to do an inspection to be sure it was removed. Well yesterday we called to set up a time to stop by and he informed us that the power outage ruined his stove and microwave so he is not paying past due or future rent. Our lease states that renters should obtain renters insurance. He also wants us to pay for a new stove and microwave and he doesn’t want to move until end of November. I planned to just call the police. However, I am concerned that it may seem like retaliation. I was able to confirm that my current rental dwelling insurance will not cover claims related to marijuana growing and can be grounds for them to cancel my policy.
I paid an attorney for a quick consultation (it was only $30) and he suggested that I fall back on the clause in my lease that prohibits using the property for commercial use. I like this route because I am concerned with “violating his rights” to use marijuana for medicinal purposes and I am leery of going down that road. My lease covers me in the ways listed below and I just want him out as a soon as possible. I plan is to use Michigan form Notice to Quit, Termination of Tenancy, Landlord-Tenant (dc100c.pdf) and give 7 days on the grounds that the grow op is a hazard and causes injury to the premises. I could give a 7 day pay or quit since rent is late as of today but I don’t want him to pay and stay. I want him out. Does anyone foresee anything that would make my plan invalid?
Current lease violations (short verison):
*Residential Lease only and prohibits any commercial activity or trade.
*No Pets. Learned he has a new dog too.
*No improvements without consent. He has built a structure and changed the venting system
* Tenant is to notify landlord of any use of the premises that is not considered normal use.
* No illegal trade or activity. However I did not specify state and federal (will be updated for future lease)
*Tenant shall not keep or have hazardous materials that may increase danger of fire or that might be considered hazardous by any reasonable insurance.
Thanks for feedback and suggestions!What is the name of your state (only U.S. law)?
