Landlord Says No Medical Marijuana?

[trichcycler]

 1) Should he have the right to list marijuana growing/using as not allowed on a lease when its time to sign one?

 

2)          should he be able to evict a  edit --disabled-- carded person because he finds out they are growing their own?  or using on the premises?

 

3)                  should he be able to evict because a carded person is growing as a caregiver for patients in the rented home?

Edited February 19, 2014 by grassmatch

[+Malamute]

1) yes(personally I disagree with banning any smoking/using of any sort)

 

2) if there is violation of contract (most patients aren't officially disabled either. Leave the heartstrings out of it) ;-)

 

3) ditto (ditto + caregiver)

[GregS]

PERSONS WITH DISABILITIES CIVIL RIGHTS ACT (EXCERPT)
Act 220 of 1976

 

37.1506a Real estate transaction; prohibited conduct; “covered multifamily dwellings” defined.

 

Sec. 506a.

 

(1) A person shall not do any of the following in connection with a real estate transaction:

 

(a) Refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person with a disability if those modifications may be necessary to afford the person with a disability full enjoyment of the premises. In the case of a rental, the landlord may, if reasonable, make permission for a modification contingent on the renter's agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

 

(b) Refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person with a disability equal opportunity to use and enjoy residential real property.

 

That is the state law. How does that answer the questions?

Edited February 19, 2014 by GregS

[GregS]

Civil Rights Guarantees in Michigan

 

The Michigan Civil Rights Commission (MCRC) was established to identify and eliminate unlawful discrimination. This fact sheet outlines the civil rights guaranteed by law, and discusses the services available to every Michigan citizen in the protection of those rights.

 

Civil Rights Guaranteed by Law

Michigan law prohibits discrimination in employment, education, housing (emphasis mine), public accommodations, and public service. The Michigan Department of Civil Rights has authority to accept complaints based on unlawful consideration of religion, race, color, national origin, arrest record, genetic information, sex, age, height, weight, marital status and disability. Discrimination on the basis of disability must be related to the person's ability to perform on the job or use facilities which cannot be reasonably altered (1963 Const., Art. II, and Art. V, Section 29; 1976 PA 220 and PA 453; and Rules Governing Organization and Procedures of the MCRC).

The Commission has the power to order remedies appropriate to the findings of unlawful discrimination.

[GregS]

This is pretty interesting:

 

https://www.michigan.gov/documents/mdcr/discrimposter_391324_7.pdf

[mibrains]

as a past landlord i know first hand some of the issues involved with rentals and this particular dilemma..

 

i can say without a doubt you do NOT have the right to use cannabis or be a caregiver in a rental if the landlord prohibits it...

medical use is not covered by the protected classifications in the state law that were established in 1979 with the fair housing act.... disabilities specifically are but that would be specific to the disability not the medication of choice.

 

it can be very costly to maintain a rental and it is absolutely the right of the owner of that property to disallow you to have anything to do with cannabis..if your handicap the owner must allow you to make the property handicap accessible but also has the right to ensure you return the property to its original condition before vacating tenancy.

 

it is there house/property and the owner is allowed to make those decisions however they see fit..

 

it may not be fair.. and as a renter you probably do not like it..

 

but the only option is to go buy your own home.. and then you can do whatever you want. 

[GregS]

as a past landlord i know first hand some of the issues involved with rentals and this particular dilemma..

 

i can say without a doubt you do NOT have the right to use cannabis or be a caregiver in a rental if the landlord prohibits it...

medical use is not covered by the protected classifications in the state law that were established in 1979 with the fair housing act.... disabilities specifically are but that would be specific to the disability not the medication of choice.

 

it can be very costly to maintain a rental and it is absolutely the right of the owner of that property to disallow you to have anything to do with cannabis..if your handicap the owner must allow you to make the property handicap accessible but also has the right to ensure you return the property to its original condition before vacating tenancy.

 

it is there house/property and the owner is allowed to make those decisions however they see fit..

 

it may not be fair.. and as a renter you probably do not like it..

 

but the only option is to go buy your own home.. and then you can do whatever you want. 

Do you then support the bill? Should this be criminalized? Are civil remedies adequate?

[mibrains]

i do not support the bill...they do not need to address this as it is already covered in civil law.

 

as a landlord i understand and maybe i would not want to rent to a caregiver as well if i didn't know them personally and know they would take all precautions..

 

a patient most likely... but not to a caregiver without specific guidelines and rules (which are invasive and prohibitive) therefore my end decision would likely be no if i do not know you because i would not want a stranger growing on my investment property.

 

i do not currently own any investment properties but i definitely have and i do understand the need to be able to write things specifically in a  lease to protect oneself.

[GregS]

i do not support the bill...they do not need to address this as it is already covered in civil law.

 

as a landlord i understand and maybe i would not want to rent to a caregiver as well if i didn't know them personally and know they would take all precautions..

 

a patient most likely... but not to a caregiver without specific guidelines and rules (which are invasive and prohibitive) therefore my end decision would likely be no if i do not know you because i would not want a stranger growing on my investment property.

 

i do not currently own any investment properties but i definitely have and i do understand the need to be able to write things specifically in a  lease to protect oneself.

I can understand prohibiting modifications to the property, to include drilling or driving holes in walls, ceilings, or floors, but consumption of a legitimate medication? If an act causes no damage, can it be denied?

[mibrains]

I can understand prohibiting modifications to the property, to include drilling or driving holes in walls, ceilings, or floors, but consumption of a legitimate medication? If an act causes no damage, can it be denied?

yes

smoking it can be.  as well as growing it can be... both have the ability to cause substantial damage and reduce the dwellings overall appreciation value.

 

it is totally up to the landlord to decide.

Edited February 20, 2014 by mibrains

[trichcycler]

I think it best to make mention of this in a lease, before its signed. It's near impossible to qualify for (marijuana specific) insurance coverage as an indoor grower/homeowner. Mentioned in the  policy is police , fire, mold, water, electrical damages. I wonder of damage liabilities of a renter, in a rental home.

 

This is not a crime, and should not be turned into one. as stated earlier, its already covered.

[mibrains]

keep in mind greg that there is no way to grow cannabis in a rental home without causing significant changes.

 

the smell alone sticks to everything.

 

even in a tent with a carbon filter you are risking many things... particularly when it is not your property.

 

if done correctly and safe then i would have absolutely no problems but how do i as the owner ensure that? 

an inspection?

take your word?

how do i know you understand the consequences of placing your ballast on the floor? 

or overloading a circuit and using extension cords?

 

there is a million reasons i would not want a stranger aka "tenant" to grow in my property if i still had one.. i understand some people are capable of doing it correctly and not causing damage however in my vast experience the common theme and the way it usually goes in the rental industry is "just how bad did they leave it this time"?

 

many people won't pay for trash pick up and will pile it in the garage or back yard instead..

 

if you or anyone thinks people should in general be trusted to install and maintain a cannabis operation then buy some homes and rent them out.

 

like i said it is up to the person who owns the property to decide.  it is their property.

Edited February 20, 2014 by mibrains

[GregS]

keep in mind greg that there is no way to grow cannabis in a rental home without causing significant changes.

 

the smell alone sticks to everything.

 

even in a tent with a carbon filter you are risking many things... particularly when it is not your property.

 

if done correctly and safe then i would have absolutely no problems but how do i as the owner ensure that? 

an inspection?

take your word?

how do i know you understand the consequences of placing your ballast on the floor? 

or overloading a circuit and using extension cords?

 

there is a million reasons i would not want a stranger aka "tenant" to grow in my property if i still had one.. i understand some people are capable of doing it correctly and not causing damage however in my vast experience the common theme and the way it usually goes in the rental industry is "just how bad did they leave it this time"?

 

many people won't pay for trash pick up and will pile it in the garage or back yard instead..

 

if you or anyone thinks people should in general be trusted to install and maintain a cannabis operation then buy some homes and rent them out.

 

like i said it is up to the person who owns the property to decide.  it is their property.

And what of possession and consumption?

[mibrains]

And what of possession and consumption?

 

what about it?

 

if the lease says no.

 

then no.

 

the landlord has the right to deny rental for cannabis use.  just like an employer does greg.. ask all the walmart employees..

 

they own the home...it is their right to deny the use of cannabis on their property..

 

this is not a blanket township ordinance we are discussing so there is no discrimination here...

 

this is a homeowner specifically saying to a tenant do not use or grow or posses cannabis on my property...

 

which is legal, allowed and would be upheld in any courtroom.

[+Malamute]

Get a different landlord.

[mibrains]

Get a different landlord.

 

Bingo

[+Malamute]

Heh,

 

 It's not like I think this is a great issue.

 

 But, I do know for a fact, this is a problem for many landlords.  I have personally witnessed the destruction of idiots in many units. They trash the place and leave it trashed. Now I am not saying that is unique to marijuana growers, but it is definitely a black eye for us and is happening more than people may think.

 

I would prefer this to be a contractual issue and not a criminal, loss of sec 4 protections issue for sure.

[cristinew]

 loss of sec 4 protections issue for sure.,,  agree.

 

Some landlords  do not allow pets.  should be up to the land lord  not the state,

[trichcycler]

 and what if its one of those growers who thinks selling to every card holder is legal?  neighbor complaints, traffic, here comes the raid !

 

a landlord cannot stop a guy from sneaking a toke in a non smoking apt. but the tenant can be evicted if found out. if nobody knows, then the tenant is doing it right.

[cristinew]

What about HUD some hud patients smoke and grow with the landlord knowing, does the new bill make them lose section 4

[mibrains]

if the landlord prohibits it in the lease..

 

HUD does not address it specifically in there housing fund requirements that i am aware of.. it is up to the management/owner of the facility.

 

this bill would criminalize it.. which is flat out wrong.  if the landlord has issues with cannabis then they already have the authority to disallow its use.. why would they need to criminalize it?

 

no one should ever go to jail over this plant ever again.

 

period.

[trichcycler]

No jail for cannabis!

[+Malamute]

HUD is a federal program and medical marijuana is not allowed(although some discretion by a landlord is allowed to not just throw someone on the street, but help them find a new living arrangement if possible).

[pergamum362]

Yah, ive encountered this problem. Im a smart grower, good with home maintenaince, but the general concesus that im lumped in with is..." I will cause thousands of dollars of damage". It really sucks and makes finding nice places to rent, that are well maintained hard for me but o well... I just deal with it.

[trichcycler]

medical marijuana may not be for all.

the truest wisdom is a resolute determination.