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StonedPlanet
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Homeowner Access  

21 members have voted

  1. 1. What rights should the homeowner have?

    • The homeowner should never have access even for 1 second?
      9
    • The homeowner should be given limited access with the cg (or patient set as own cg) present?
      9
    • The homeowner should have every right to inspect it at any time, even with the cg not around.
      3


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Not sure if this debate has come up yet or not..

 

Should the homeowner have limited access to ensure the renter is in compliance with state law? By this I obviously mean that the patient or caregiver would be there the entire time.

 

Just wondering how people think this should work. Obviously the homeowner could just phone the police to have them check if you are in compliance with the law (12 plant max per patient).

 

Obviously the homeowner should want to make sure things are on the up & up. You can trust people, but you can't really trust people, you know? According to state law either the cg or the patient only have access.

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As a practical matter most landlords use a written lease and the norm is they require l.l. permission for alterations such as grows often require, electric, venting, building walls, etc., etc. when a l.l. does not use a written lease the state has a default lease that fills the gap (requires notice to raise rent, acceptabled bases on which to evict, etc.). Those who intend to grow illegally will take no notice of l.l. terms; its those wishing to stay within the law, all laws, i.e., registered patients, who will work to make a mutually acceptable grow (to themselves and l.l.)within rented residential premises.

 

Within commercial premises the repercussions for an l.l. whose tenant breaches the law are potetially more expesive and civilly severe and complicated by zoning or lack of it.

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When I have rented inbthe past I would always do the meet and greet to feel out how on top of the property the homeowner was. If he/she felt laid back I would ask how they feel about me just taken care of on site maitenence as to I respect my privacy. I recently moved out of a rental where i Had grown for 9 months.they never knew the difference. I believe there was only once they had asked to stop by and check something out other than to collect payments. If they would of needed.tonsee the basement which they didn't I would of provided all my legal documents and took it from there. This time around I have a land contract and before I opted for the land contract I had explained to the homeowner why his basement had interested me so much.

All and all people are surprisingly accepting.

Peace and trees

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You know what? I would be the landlord from hell! No I wouldnt mind a legal grow as long as you didnt mess up my home (my Home) not the renters!

 

a house in most cases is an investment (not a good one any more) but im not going to let some one turn my home into an eye sore, or do any type of building or improvements w/o my explicit permision! I would take pics of the inside and outside of the home and have a lease that was easy for me to evict the renter if they were doing damage to my investment! if you were doing a legal mm grow for you and a few pt's I wouldnt have a prob with that unless you were breaking the law, and I could risk loosing my home, becuase some one turns it into a drug house with my knowledge!!

 

Best thing is not to say anything, and if they come and see it than provide the paperwork, cards whatever!

any where I rented besides and apt, I did all the maintenance and paid my rent on time or early so I didnt have to deal with the land lord!

 

I voted a land lord can enter home whether you are there or not, if you are there they better knock and get permission to enter, if you are not there, I can go into my house that you rent and make sure all is well.. that dont mean i can snoop thru your stuff, if I seen a locked door, I would most likely call you that day and want to see what you are hiding!

 

Peace

FTW

Jim

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  • 2 weeks later...

You know what? I would be the landlord from hell! No I wouldnt mind a legal grow as long as you didnt mess up my home (my Home) not the renters!

 

a house in most cases is an investment (not a good one any more) but im not going to let some one turn my home into an eye sore, or do any type of building or improvements w/o my explicit permision! I would take pics of the inside and outside of the home and have a lease that was easy for me to evict the renter if they were doing damage to my investment! if you were doing a legal mm grow for you and a few pt's I wouldnt have a prob with that unless you were breaking the law, and I could risk loosing my home, becuase some one turns it into a drug house with my knowledge!!

 

Best thing is not to say anything, and if they come and see it than provide the paperwork, cards whatever!

any where I rented besides and apt, I did all the maintenance and paid my rent on time or early so I didnt have to deal with the land lord!

 

I voted a land lord can enter home whether you are there or not, if you are there they better knock and get permission to enter, if you are not there, I can go into my house that you rent and make sure all is well.. that dont mean i can snoop thru your stuff, if I seen a locked door, I would most likely call you that day and want to see what you are hiding!

 

Peace

FTW

Jim

a landlord can not just enter a house when it is leased to another person. if you want to inspect the house than give the person leasing it a 24 hour notice.

Edited by jb5355
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a landlord can not just enter a house when it is leased to another person. if you want to inspect the house than give the person leasing it a 24 hour notice.

 

If there is an emergency (water leak, gas leak, fire, if someone nearby smells gas etc) you can. You are required to knock though.

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a landlord can not just enter a house when it is leased to another person. if you want to inspect the house than give the person leasing it a 24 hour notice.

 

If there is an emergency (water leak, gas leak, fire, if someone nearby smells gas etc) you can. You are required to knock though.

this is quite different. the guy who posted earlier was saying he has the right to go in just to see whats going on. which you do not, when you lease your property to someone it becomes their private home. a land lord cant just walk in for any reason he likes. in fact if i came home and found my land lord in my house he would be treated like any other intruder unless he has a darn good reason to be in there.

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As long as the homeowner asks 24 hrs in advance then he/she has every right to enter.

 

It's their house not yours!

 

Fortunately I have a great landlord. :)

thats what i said. you have to give 24 hr notice. and its there property, but its my home until our rental agreement is over or terminated.

Edited by jb5355
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I've been through that situation the landlord has to make every attempt he can to notify the tenant that he needs to enter the home for periodic maintenance inspections. There is a procedure to follow after that but I don't remember what it is, that was a while ago. Except in emergency situations. He/she has the right to protect their property. Not letting them selfs in at their leisure.

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I think a few of you are under some false impressions about what a Landlord may, or may not, do with respect to entering a rented property.

Any Landlord that would be stupid enough to enter under false pretenses, especially relating to a legal medical marijuana grow, is setting him or herself up for some serious liability in civil court, and possibly criminal charges as well.

 

 

" Privacy in Rental Housing

 

 

Introduction

 

Many tenants are subject to privacy invasion and harassment by landlords who think that just because they own the building they have a right to enter whenever they please. One tenant complained that her landlord would let himself in at odd hours to "check things out." He would brush up against her and other female tenants. Another woman complained that her landlady would enter the house while the tenants were not home, rearrange the furniture, and leave them notes. Privacy invasion by a landlord can be simply a nuisance, or it can be much more serious, as in the case of sexual harassment.

 

If you pay the rent, then the apartment or house is your home. A landlord who enters without permission or notice is trespassing. State law says tenants are entitled to privacy, although there's no definition of that right. In Michigan a landlord must give "reasonable notice" before entering.

 

What is "reasonable notice" before entering?

 

You should set standards for your landlord to follow. Write your landlord a letter making clear your expectations. You might demand one to three days written or verbal advance notice for permission to enter. The landlord's request should state who is entering, at what time, and for what reason. You have the right to be present whenever someone enters and the right to refuse entry.

 

If it is not an emergency, and your landlord enters without permission or notice, she or he is trespassing. Potential remedies include calling the police at the time the illegal entry occurs and withholding rent the next time it is due. Write a letter explaining that you are withholding rent until the landlord stops entering without permission and agrees to set terms for entering. Keep a copy of this letter. Put your rent money into a savings account until you are able to work out a reasonable agreement and you feel sure your landlord will not violate your privacy. Then negotiate your compensation for the privacy invasions.

 

Adding or changing locks

 

Some tenants feel the only solution is to add or change locks. You could add a second lock and leave it unlocked when your landlord has requested access but you are unable to be there to let her/him in. But if there is an emergency, your landlord may need to enter your unit. If your landlord or emergency personnel need to break down the door to get in, you may be liable for the cost of repairing or replacing the door. To avoid this, you can give your landlord a copy of the new key in a sealed envelope, and sign the envelope across the seal. Give your landlord written instructions to break the seal only in the case of an emergency.

 

If new locks are necessary because the existing locks did not work, or because the landlord had repeatedly violated the tenants' right to privacy, the tenants can deduct the cost of the new lock from their rent. First, they should write a letter to the landlord explaining the problem and giving the landlord an opportunity to correct the problem. If the problem is not corrected, the tenants should notify the landlord in writing that they have been forced to correct the problem by themselves. "

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This is a very good topic that has been on my mind. I have worked in this field for 13 years. I do rental maintenance for collage rentals. I have been working for 5 different owners/slumlords.

As a renter my self, I tend to try to observe the rights of the renters over what the LL wants me to do. I show up in person and let tenants know that I have been asked to perform certain tasks inside their rental, I ask them if they would like to be there when I am working on it, or if it's OK to just come and do the work while their away. I tell them that I am giving them notice, and that the work is scheduled for this week. So I give them 48hrs. notice, and a choice to be there or not. The landlords always give me the keys and tell me to "just go in there and get it done" without notice, weather they are home or not. I say OK to the LL, but always give notice to the tenant. some times in an emergency, the tenant has called and are waiting, It is rare to do work on a rented house or apt out of the blue while it's rented. further, if there is an emergency it is likely that you will know about it first, unless it a complex.*(See horror story below).

As far as growing... I have seen many grows in my work days and have smoked with tenants some times too. I see parph. and they freak, I reassure them "its cool." and the home owners/LL's are the same. we've talked about it and they don't care if you burn. but... pay your rent and don't trash the place because if we want you out any excuse will do, period.

I believe that the way our law (mmma) is written that we are protected from discrimination just like we are at our jobs.(but) A land lord can kick you out for what ever he wants, believe me on this.(another but) You would have a case against him if you were legal MM user/grower, as long as you make that clear and inform him of your rights. do not ask to grow or tell him you plan to.

 

 

Quick story:

 

If you do not know what aquaponics is look it up it;s pretty cool, and if you have questions about it pm me. it's not great for cannabis BTW.

 

OK, I had an aquaponics system set up, two 35 gal ponds and an NFT flow table - In a 3rd floor apt where I happened to be the building's maintenance man. One day I got a call from the LL and he tells me that there is water coming from the ceiling into the furniture store on the ground floor.

I get there pretty quick and see the water coming down. They had already moved everything out of the water flow and I grabbed some more buckets for them. I ran up stairs to see where it could be coming from. nothing on the second floor but I could hear it so on to the third floor. I could hear water sound, like it was in the wall. in my apt. It was my system. The flexible hose had come undone that recirculates the pond water from my two ponds. (330 gal per hour onto the floor). I never thought it could fail but it did. I was lucky, all that was damaged were a few ceiling tiles

The reason I am telling this story is: Learn from my mistake. If you are growing in a apt building be very careful espec. if your growing hydro. accidents happen, and a lot of damage can be done by water. It's your fault if it does. and if your paperwork is not in order you'll prob go down for it.

 

hope this info is useful,

GH

 

also, if your LL wants to put your place on the market for sale, don't expect any notice, change your locks and draw up an agreement with the owner and the selling agent right away, because real-estate agents have no respect whatsoever for your rights as a tenant. The agent will pass the buck to the owner about not giving notice, and the owner will pass the buck to the agent. they give no notice, I've seen it over and over.

Edited by Glacier Hills
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If a landlord wantonly violates my rights, or any person for that matter, that person should prepare to be sued in civil court.

Most people are ignorant of their rights, and even if they are cognizant they don't always follow through with standing up for themselves.

 

For example:

 

My current neighbor downstairs is a chain smoker(tobacco). His smoke enters the common areas, and then enters my apartment. I have made several complaints to the landlord. Unfortunately, she does not understand that any smoking in these tiny apartments is going to invade the common areas, and thus is in violation of the Michigan Anti-smoking law. Instead of dealing with it by making the entire building smoke free, she is going to have to deal with a separate complaint, filed by me, for each violation that I notice. It is unfortunate that she will ultimately have to pay fines, rather than the dude doing the actual smoking. As for Smokey McSmokerson, downstairs, I am probably just going to sue him in small claims court.

 

The point is people need to fight. We live in a civil society so we do our fighting in court.

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If a landlord wantonly violates my rights, or any person for that matter, that person should prepare to be sued in civil court.

Most people are ignorant of their rights, and even if they are cognizant they don't always follow through with standing up for themselves.

 

For example:

 

My current neighbor downstairs is a chain smoker(tobacco). His smoke enters the common areas, and then enters my apartment. I have made several complaints to the landlord. Unfortunately, she does not understand that any smoking in these tiny apartments is going to invade the common areas, and thus is in violation of the Michigan Anti-smoking law. Instead of dealing with it by making the entire building smoke free, she is going to have to deal with a separate complaint, filed by me, for each violation that I notice. It is unfortunate that she will ultimately have to pay fines, rather than the dude doing the actual smoking. As for Smokey McSmokerson, downstairs, I am probably just going to sue him in small claims court.

 

The point is people need to fight. We live in a civil society so we do our fighting in court.

 

I agree people have rights and do not apply them and are often walked on...

Sorry to be a jerk to you here, chief. It's people like you who want to sue everyone for petty B/S, that are the reason that we all pay ridiculously high insurance rates for everything that we own/and or do. Grow Up. Tell the guy not to smoke in commons,(bring you other neighbors too, if your scared), what he does in his apt. is his own business. Having a neighbor who smokes is no reason to start a civil suit. It's not the land lords problem, it's yours. you would be laughed out of a court room if you could find an "out of work" atty. to take your case. Contact the ACLU they will back Up what I said.

GH

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Phaquetoo, you sound like me on this. I would also ask that the renter carry insurance and a higher deposit might be required. I would not be allow grows if the house has fuses, as opposed to circuit breakers.

I'd like to hear from the electricians on site since in my experience whether breakers or fuses so long as the amperage and installation is sufficient, no matter, but in either, burn too high with shorts and the house goes up in flames. Breakers are not fire insurance, adequate wiring is, but what do the pros say? Ijay? Anyone else?

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