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  1. #1
    Join Date
    Jun 2009
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    2

    Default Breaking a Lease for a Medical Marijuana Grow House

    My question involves landlord-tenant law in the State of: CA, USA

    A friend signed a 1 yr lease on a house a few months back and now has no more funds to continue with the project. What will happen when rent is not paid?? What can this friend do?? This person was being backed financially by a private investor, and now this investor has disappeared. The house was going to provide medical cannabis for patients in California covered under prop215 and sb420. The project never really took off and now there is some grow equipment and plants in the house. The friend needs to know what the options are. Rent has been due for some days, but no notice on the door yet. What should the friend do? Have situations like this, ie grow house, been common in the past? If so, how did they resolve? What are the long-term ramifications of not being able to pay per the lease agreement?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Breaking a Lease for a Medical Marijuana Grow House

    That fact that it is growing marijuana doesn't mean you don't have to pay rent.

    Your friend can be evicted like anyone else that doesn't pay their rent.

  3. #3
    Join Date
    Apr 2009
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    Inland Empire
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    1,410

    Default Re: Breaking a Lease for a Medical Marijuana Grow House

    Quote Quoting cyjeff
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    That fact that it is growing marijuana doesn't mean you don't have to pay rent.

    Your friend can be evicted like anyone else that doesn't pay their rent.
    Unka Jeffy, you mean drug dealers aren't exempt??? What's up with that???

    p.s been missing you on the other (sic) side

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Breaking a Lease for a Medical Marijuana Grow House

    So the gameplan is to evict, then what? The terms of the lease stipulate a 1 yr agreement, so how does the landlord enforce payment?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breaking a Lease for a Medical Marijuana Grow House

    Quote Quoting Anonymously
    View Post
    So the gameplan is to evict, then what? The terms of the lease stipulate a 1 yr agreement, so how does the landlord enforce payment?
    he sues the lessee for payment. (1 year) or until the property is re-rented, whichever is less.


    curious if the LL was aware the house was intended to be used for commercial purposes.

    additionally I can find no support for a commercial growing house. I did find this one of the pro--pot websites:

    Under state law, the California Compassionate Use Act of 1996 (Prop. 215) exempts patients and their primary caregivers from criminal prosecution for personal possession and cultivation of marijuana, but NOT for distribution or sale to others.

    State law was expanded in 2004 by a new law, SB 420 (Health & Safety Code 11362.7-8), which (1) authorizes caregivers who provide marijuana to patients to be compensated for the costs of their services, though not on a for-profit basis; and (2) allows patients to form cultivation "collectives" or "cooperatives." On careful examination, however, neither of these provisions provides a green light for sales of cannabis. Those dispensaries that are selling marijuana over the counter accordingly do so at the tolerance of local authorities. Note that there have been instances where hostile local law enforcement agencies have busted medical cannabis dispensaries and charged their personnel with illegal distribution or sales.
    that would lead one to believe you cannot do what you were doing and as such, are liable for penalties under the law. I suspect with the equipment and plants in the house, the LL must report this to the police or be considered to be complicit with the crime.

    I do not believe the rent is the biggest problem "your friend" is faced with.

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