Notice to Quit

[Banned_Princess]

The lease states that the property will not be used in a manner that violates the law (paraphrased, of course.) The tenant is violating the law. The tenant is violating the lease.

ok, I just think if that was a possibility, the lawyer she consulted with would have gone with that instead of the less slam dunk commercial use.

failure to pay rent is the best way of all, so go with that OP.

 

[Zigner]

ok, I just think if that was a possibility, the lawyer she consulted with would have gone with that instead of the less slam dunk commercial use.

failure to pay rent is the best way of all, so go with that OP.

I can't argue with that

 

[JenniSam]

How interesting....

Your tenant provides you with no notice that he has this grow operation, fries your electrical system from his overload then refuses to pay rent because his actions supposedly caused damage to his stove and microwave.

This MIGHT have been different if he had notified you of his plan to become a marijuana farmer and the electrical system had been checked out beforehand to ensure it could handle this extra load.

Continue the process of eviction due to failure to pay owed rent.

Gail

I have no serious issue with going this route. However, if he tries to pay rent within the 7 days don't I have to accept it? After what he has done, I don't want him there. His lease is now month to month. But I am trying to avoid even letting him stay another 30 days. If I have to accept a payment, wouldn't I have to start again with the normal 30 termination of tenancy.

 

[Zigner]

I have no serious issue with going this route. However, if he tries to pay rent within the 7 days don't I have to accept it? After what he has done, I don't want him there. His lease is now month to month. But I am trying to avoid even letting him stay another 30 days. If I have to accept a payment, wouldn't I have to start again with the normal 30 termination of tenancy.

Give both notices.

 

[JenniSam]

then why didn't the lawyer tell the OP to go that way, instead of telling him/her to use the commercial use clause?

unless he is selling the weed he is not using for commercial purpose.

yes, it might be federal law, but WA has a state law governing the use and distrobution.

the police cannot do anything if the grow card is valid, and he isnt growing too much.

I specifically asked the attorney how I could get rid of him without getting into a battle of whether I was violating his rights to grow. So I guess I would be saying you can grow just not on my property because its hazardous and a considered commercial activitiy. He is growng for himself and one other person, so he says.

I needed him out ASAP. Attorney suggested the commericial route because that could fall under the 7 day notice since what he is doing can be considered a hazard (fried circuits and no insurance). I would bet all I have (which isn't much) that if something happened he would sue me in a heartbeat.

 

[JenniSam]

I think your suggestions are right. I will go with that. The attorney gave the option based on the the criteria I set forth.

Thanks for the posts! Gotta get notices done and to the post office before the end of today!

 

[BL]

How interesting....

Your tenant provides you with no notice that he has this grow operation, fries your electrical system from his overload then refuses to pay rent because his actions supposedly caused damage to his stove and microwave.

This MIGHT have been different if he had notified you of his plan to become a marijuana farmer and the electrical system had been checked out beforehand to ensure it could handle this extra load.

Continue the process of eviction due to failure to pay owed rent.

Gail

I also find this hilarious .

Even if ( fed. regulations prohibit it ) , he has a right to grow , he doesn't have the right to cause hazardous conditions , do damage then demand the LL to repair and withhold rent .

Must be some good stuff as the tenant must be hallucinating .

 

[SNIDad]

*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.

Seems to me you're stuck on the weed issue. All of the other violations you listed are good enough to immediately break the lease and evict. (1) No Pets in your lease. He has one, strike one (2) No improvements without consent. He has changed the ventilation system. That is modifying the residence without your approval. Strike two. (3) Tenant is to notify landlord of any use of the premises that is not considered normal use. He's lived there for 2 years and hasn't given you notice of a pot farm. That's quite obviously NOT "normal use". Strike three. He's outa there! Congratulations on your hat trick! Evict ASAP!

 

[Zigner]

*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.

Seems to me you're stuck on the weed issue. All of the other violations you listed are good enough to immediately break the lease and evict. (1) No Pets in your lease. He has one, strike one (2) No improvements without consent. He has changed the ventilation system. That is modifying the residence without your approval. Strike two. (3) Tenant is to notify landlord of any use of the premises that is not considered normal use. He's lived there for 2 years and hasn't given you notice of a pot farm. That's quite obviously NOT "normal use". Strike three. He's outa there! Congratulations on your hat trick! Evict ASAP!

The clause regarding "normal" use may very well be unenforceable due to the vagueness inherent in the word "normal"

 

[DeenaCA]

Nothing in the Michigan Marihuana Law (that's how they spell it) requires a landlord to permit a grow operation. From http://www.michigan.gov/lara/0,4601,7-154-27417_51869_52140---,00.html:

Question: Do I have to tell my landlord that I am a patient in the MMMP? Can my landlord evict me if I am a patient in the MMMP and have my grow site in my rental housing? Can I live in subsidized housing and be a patient in the MMMP?
Answer: It is up to you to decide whether or not to tell your landlord that you are a patient in the MMMP. Nothing in the MMMA specifically addresses whether or not you can be evicted because you are a patient in the MMMP, even if you have only the amount of medical marihuana allowed by law. Nothing in the MMMA specifically addresses whether or not a person can be an MMMP patient and live in subsidized housing. If you have questions about these important issues, you may wish to talk to an attorney to learn about your rights and protections.

As noted, you can terminate the tenancy due to the fire hazard even if the tenant is legally permitted to grow the MJ. You could evict even if there were no fire hazard because the law doesn't burden the landlord. The law protects the legal user from arrest or prosecution for possession or use.

As further noted, federal law does not recognize medical marijuana. US attorneys are currently running a "crackdown" on dispensaries in CA (http://latimesblogs.latimes.com/lanow/2011/10/medical-marijuana-dispensaries-battle-new-federal-crackdown.html), but it's unknown whether authorities in OP's jurisdiction would be interested in an individual user.

 

[SNIDad]

The clause regarding "normal" use may very well be unenforceable due to the vagueness inherent in the word "normal"

I was merely using a Baseball analogy. I realize "normal" is vague but, any one of the other two are grounds for breach of contract. Just the pet alone could terminate this lease immediately. Judges respect the owners wishes of NO PETS. I've won cases before on that ground alone. It shows the renter disregards your rules. If they're willing to disregard one, there's many others you don't know about that they've disregarded as well. Better to cut your losses ASAP before the pet will cause more damage. This "stoner" is too busy suckin' a bong-hit to notice the pet just pee'd or pooped everywhere.

 

[Banned_Princess]

Nothing in the Michigan Marihuana Law (that's how they spell it) requires a landlord to permit a grow operation. From http://www.michigan.gov/lara/0,4601,7-154-27417_51869_52140---,00.html:



As noted, you can terminate the tenancy due to the fire hazard even if the tenant is legally permitted to grow the MJ. You could evict even if there were no fire hazard because the law doesn't burden the landlord. The law protects the legal user from arrest or prosecution for possession or use.

As further noted, federal law does not recognize medical marijuana. US attorneys are currently running a "crackdown" on dispensaries in CA (Medical marijuana dispensaries battle new federal crackdown - latimes.com), but it's unknown whether authorities in OP's jurisdiction would be interested in an individual user.

ok, all well and good but the poster is in WASHINGTON.

 

[JenniSam]

ok, all well and good but the poster is in WASHINGTON.

I am in Michigan

 

[Banned_Princess]

I am in Michigan

omg, so where did I get Washington?

weird. sorry, all of my posts are irrelevant because I was arguing for Washington.

 

[FarmerJ]

Op keep in mind that this so far is a civil issue between you and tenant , tenant does not get right to not pay rent due to damages they created. You are entitled to enforce your lease , Get rid of this tenant!