Landlord/lease Says No Vegetative Growth? Is This Legal?

[digi7al]

The lease says "No vegetative growth which needs additional lighting."

 

Is this legal? Does this mean I can't grow marijuana if I am a registered patient or caregiver? I really hope landlords can't get away with something like that..

[CaveatLector]

What is it they are getting away with? You signed the lease (contract) right? It doesn't sound like something shady. They may well have landlord insurance that doesn't allow such a set-up.

[Celliach]

If it's in the lease and you signed it, it's legal. It would not be legal for him to evict you for the same reason if it was not on the lease to begin with.

 

A landlord can make any restrictions he wants on the tenants as long as he doesn't discriminate based on race, creed, religion, sex, etc. He can put rules and stipulations into the lease as long as they don't violate civil rights laws. Those laws DO NOT cover a person just because he is a medical marijuana patient.

[Willy]

Find another place to live. let them loose a tenant.. And you find another place that will allow it.

[abe supercro]

Landlord may not ever know, or care what tenant chooses. This clause in lease could better protect LL from forfeiture laws.

[Celliach]

Landlord may not ever know, or care what tenant chooses. This clause in lease could better protect LL from forfeiture laws.

 

It could also get you evicted. I'd take the earlier advice about finding another place to live.

[t-pain]

could be something insurance company tells him.

if he puts 'no grow lights' in his contract, he can take off a couple hundred dollars on his insurance bill.

[digi7al]

yeah but how can a landlord get away with this if citys/countys cant even put a ban on growing it

[Kingdiamond]

yeah but how can a landlord get away with this if citys/countys cant even put a ban on growing it

 

Its his property he can do whatever he wants to it short of discrimination you do know you can grow at any place you choose but not where you currently live your lease forbids it try to find someone to let you grow at their place set up a locked area your good to go .

[t-pain]

you might have an ADA case.

 

http://www.ada.gov/cguide.htm#anchor63409

 

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces.

 

of course the ADA is a federal law and might not recognize state mmj..

 

itd be interesting to find out!

[CaveatLector]

you might have an ADA case.

 

http://www.ada.gov/c...htm#anchor63409

 

 

 

of course the ADA is a federal law and might not recognize state mmj..

 

itd be interesting to find out!

There is no ADA violation. Not allowing a grow is not refusing to accomodate a disability it is refusing to accomodate a grow.

 

Kingdiamond is absolutely correct.

[digi7al]

Honestly though it doesn't seem like they should be able to make a rule which conflicts with a state law and a doctor's prescription. In some ways this is taking away the rights a doctor and the state of michigan gave me, which can't be legal... and if it is..wtf?

 

Mainly what im trying to say is it may be legal for them to make that rule in the lease. But when it comes down to it can they actually evict you and deny you a right given to you by a state law?

 

Restricting air conditioners or heaters is one thing, but telling someone they can't act under a state law which has to do with a medical prescription? That doesnt seem legal

Edited October 11, 2012 by digi7al

[mibrains]

makes perfect sense to me... and seems absolutely legal..as well as a legitimate concern on behalf of the property owner..

 

they didn't say you can't be a caregiver... or a patient..

 

they said..(by the op's statement)

 

you can't add additional garden equipment... to include ; lighting and or any growing equipment... no tomatoes... cucumbers or carrots either so they don't seem to be banning cannabis directly, but the garden dangers themselves.

 

the point is

it seems to me that the owner of the property has the absolute right to restrict a renter from altering the rental environment to suit the needs of a indoor plant growing operation.

i mean think about the alterations that must be achieved from ventilation, electrical, water to any threats raised including flood, molds, and fire and general conditional requirements or system failures..

it is a HUGE risk to allow a stranger to to cultivate any garden indoors... be it cannabis or any other god given organism.

 

as a property owner i would not want a renter to install the type of operation a indoor garden requires possibly without some kind of inspections, and or approval process.

no free rein in a rental

 

my advice... approach your landlord explain your situation and show how you intend to protect their property with any alterations..

otherwise do NOT do any alterations to the rental property... check your lease... check your local building codes....

[Kingdiamond]

Honestly though it doesn't seem like they should be able to make a rule which conflicts with a state law and a doctor's prescription. In some ways this is taking away the rights a doctor and the state of michigan gave me, which can't be legal... and if it is..wtf?

 

Mainly what im trying to say is it may be legal for them to make that rule in the lease. But when it comes down to it can they actually evict you and deny you a right given to you by a state law?

 

Restricting air conditioners or heaters is one thing, but telling someone they can't act under a state law which has to do with a medical prescription? That doesnt seem legal

 

Nothing new here in michigan townships and citys have been violating our rights since day one but we are talking about a private entity here not held accountable as the public officials there might be some sort of violation of your rights but its going to take a long dragged out fight to prove it might be better off asking them to release you from your lease .

[Birdman]

You should have never signed that lease after reading that. A lease is a legal binding document once you sign it.

When I first read my lease I was expecting "No MMJ at all." But the only mention of any legal activity was to abide by current state laws and maintain insurance.

Maybe you can make him an offer to break the lease at a discount since you cannot use the property as you had intended to. But you did sign the lease, so he is not legally obligated to do anything at all unless it is a situation that could be considered a hazard or a violation of building codes.

Good Luck!

[Medcnman]

As a landlord, I can make just about any restrictions in my lease agreements as long as they dont discriminate agains sex, race, religion, or age. I cannot deny a disabled person the right to rent my property but, I do not have to make accomodations for a potentially disabled renter (i dont have to put in grab bars or handicap ramps). If you didnt read the lease before you signed it, then you agreed to everything that was in it. My leases state "No Pets". Yours stated "No Grows". Perfectly legal. You may be able to work with the landlord with your situation. Education is key. Maybe offer to increase your security deposit. But it sounds to me as if he is covering his butt against forfeiture. Best of luck. Medcnman.

[patientinmi]

so, here is what i have going on as it relates to this topic:

 

I live in a mobile home park. The owner wants to evict me, not because im a patient, but only because i grow. The judge ruled that i cannot be evicted for growing, i have rights as a patient and that the law is the law and as a matter of law i cant be evicted. However, the judge said that my neighbors have the right to not smell it, which is how it started. So with the introduction of a larger carbon filter, and 60 days to prove it works, im expecting the judge to rule in our favor.

 

just my case, been going on for about 4 months now.

[Medcnman]

so, here is what i have going on as it relates to this topic:

 

I live in a mobile home park. The owner wants to evict me, not because im a patient, but only because i grow. The judge ruled that i cannot be evicted for growing, i have rights as a patient and that the law is the law and as a matter of law i cant be evicted. However, the judge said that my neighbors have the right to not smell it, which is how it started. So with the introduction of a larger carbon filter, and 60 days to prove it works, im expecting the judge to rule in our favor.

 

just my case, been going on for about 4 months now.

Did your lease agreement with your landlord specifically state that there was to be no growing in the house? Thanks, Medcnman.

[Celliach]

Did your lease agreement with your landlord specifically state that there was to be no growing in the house? Thanks, Medcnman.

 

The rental laws are probably dirferent in your state than they are in Michigan. They vary state by state.

[patientinmi]

Did your lease agreement with your landlord specifically state that there was to be no growing in the house? Thanks, Medcnman.

 

I do want to say that I have been visited by the authorities (2 narcotics officers and a uniformed officer) and was found to be in compliance, locks on doors, well under plant count, everything in order, no issues. they said I wouldnt have had a visit if they only had some way of knowing who was registered...

 

so medcnman, No, but it specifically prohibits outdoor gardens, as well as water features, fences etc, to deter critters as its a semi rural area with lots o wildlife. there are however several violations of those in plain view that have never been addressed in the 6 years ive lived here

 

Next, they plan to argue that im running a business which is prohibited, but hopefully that works out as its not avon or amway etc..., and ive recieved little compensation from my patient. i always deliver so there is no traffic to or from my house, etc...

[Medcnman]

 

 

The rental laws are probably dirferent in your state than they are in Michigan. They vary state by state.

I still own quite a few rental properties in Michigan. I know the rules pretty good. Mm

[Medcnman]

 

 

I do want to say that I have been visited by the authorities (2 narcotics officers and a uniformed officer) and was found to be in compliance, locks on doors, well under plant count, everything in order, no issues. they said I wouldnt have had a visit if they only had some way of knowing who was registered...

 

so medcnman, No, but it specifically prohibits outdoor gardens, as well as water features, fences etc, to deter critters as its a semi rural area with lots o wildlife. there are however several violations of those in plain view that have never been addressed in the 6 years ive lived here

 

Next, they plan to argue that im running a business which is prohibited, but hopefully that works out as its not avon or amway etc..., and ive recieved little compensation from my patient. i always deliver so there is no traffic to or from my house, etc...

The outdoor gardens and water features are probably park rules re-emphasized by the LL in your lease. If it doesnt say you cant grow indoors, you should be just fine. Mm

[phaquetoo]

yeah but how can a landlord get away with this if citys/countys cant even put a ban on growing it

 

if it is in the lease he can do it, I would be the LL from hell, the property is his/her investment property not yours, you need a place to live and he happens to have a place to rent, you sign a lease you can not break the lease, I would not let any one even mess up my yard, Id have a golden lease, I would not let any one mess up my income property not for long, if i seen something bad that was covered in my lease you would have a 10 day notice to quit like now, and yea i know id have to go thru the courts, been there done that, with an iron clad lease you can get dead beat tennants out of your propertys, if you dont have a iron clad lease it takes months to get people who dont respect their things or any one elses, hey I have a good idea, save your pennys and buy your own home and you can do what ever you want, than if ya get busted leo will take your property and not a L>L's ! sorry about being so harsh but its the facts, it is their property not yours, it is your place to call home as long as you follow the lease!

 

Peace

Jim

Edited October 23, 2012 by phaquetoo

[Restorium2]

The simple answer may be that the electrical service will not permit the added electrical load. At least, he could say that, and deflect any discrimination acusations.

[Medcnman]

Jim, Bingo! Rest, another good point! Mm