my tenant is growing weed

Boulder Creek rental was damaged in August when a fire broke out in an
area where about 30 marijuana plants were growing, according to the
Boulder Creek Fire Department. The small fire, which started when no one
was home, caused about $20,000 in damage.

“Houses generally aren’t constructed with the idea that you can grow a lot of plants in there,” he said.

If a rental
contract doesn’t expressly forbid growing and a landlord wants the
marijuana cultivation gone, Yanez said the best bet is to pursue an
eviction through civil court, a costly and time-consuming process.

The fire danger, not the marijuana,
irked Escher, she said. She immediately moved to evict Castaline from
the unit and, after some resistance, Castaline agreed to vacate

As a
result, tenants often set up indoor gardens without notifying their
landlords. The grows — if sanctioned under Prop. 215, the state medical
marijuana initiative approved by voters in 1996 — are legal and
typically do not violate the terms of a rental agreement, supporters
say. County guidelines do not limit plant quantity, but state medical
growers cannot cultivate a canopy larger than 100 square feet.

But two weeks into the month-to-month rental
agreement, Escher learned from other tenants that Castaline was setting
up a medical marijuana grow in the tiny Third Street garage and his
operation quickly ended.

The renter-landlord disagreement is not unique to Castaline and Escher.

My tenant is growing weed

“This whole house was turned into a production, where every room is used as a staging facility for the next grow cycle,” said Lt. Marc Bracco, of the San Bernardino County Sheriff’s Department Gangs and Narcotics division.

“Everybody will be impacted to some degree or another,” he added.


“Each one of those greenhouses can have upwards of 200 plants, so you do the math,” said Assemblymember Thurston “Smitty” Smith. (R-Assembly District 33).

“My realtor felt that it was great that he offered six months rent up front,” Skibby said.

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The situation turned into one homeowner’s rental nightmare.

Landlords can create their own rules. This means that landlords can allow for smoking of tobacco but not cannabis. Landlords need to specifically state this in the rules.

If a landlord wants to change a cannabis rule on a new lease, they don’t need to give notice. Landlords need to give a copy of the rules to the tenants before they sign the lease. If the tenants don’t receive a copy of the rules, they should ask the landlord if there are any additional rules before signing the lease.

Landlords can change existing leases to put rules in place about smoking and growing recreational cannabis. They need to give their tenants written notice at least 4 months before the anniversary date of the tenancy (lease).

Under the Smoke-free Places Act, rules around no smoking include smoking cannabis. The act restricts smoking in public spaces and other common areas within commercial buildings or multi-unit residential buildings. The act also applies to medical cannabis use. Municipalities may also put by-laws in place that restricts its use.

No smoking rules

Landlords can change their existing leases by giving tenants written notice at least 4 months before the anniversary date of the tenancy (lease). The landlord needs to serve (deliver) the written notice to each tenant in 1 of the following ways:

Landlords can add rules around smoking and growing recreational cannabis to existing leases.

When the landlord provides written notice, the tenants can decide if they want to end the tenancy (lease). If they want to end the tenancy (lease), they need to give the landlord written notice by using Form C: Tenant’s Notice to Quit.

Rules for new leases

If a tenant doesn’t follow the terms and conditions of the tenancy (lease), a landlord can file Form J: Application to Director for a hearing to end the tenancy (lease).

The Department of Environment enforces infractions under the Smoke-free Places Act.