BiggerPockets

Hello. I rent a house with a separate garage to a single mom and her 12 year old son. She pays on time, has been in for a few months.

I recently had a contractor rake up all the leaves and do a nice spruce up of the property. Today I went to have a look, then noticed she put a new lock on the garage door. She has the windows all covered but I peaked through on one side and see clearly a single marijuana plant with a proper grow light and a fan. I have been in this garage about 8 weeks ago and it was cluttered with a ton of her junk. I don't think she has room to turn this into a mega grow operation. Power bills do not indicate heavy electric either.

I decided to enter the house to inspect for plants in the house. She was not home, I went in anyway. She keeps the house orderly and clean. Her son's bedroom looks like a typical 12 year old. There is nothing inside the home that concerns me.

I am not sure what to do. I have a concern that the wiring in the garage can not support even a fan and grow light 24/7, it is a fire hazard. Aside from that, I need access to the garage in case of emergency so I need a key to the door. And there is the problem of it being illegal.

I am inclined to serve notice that she has broken the lease and to move out, but then we have lawyer fees. And she pays well and keeps the house clean.

Another part of me wants to have a face-to-face personal conversation and tell her that she can keep one plant there as long as she removes it while I have an electrician wire the new outlet that I had already planned for that garage (there is a "home run" on its own circuit going to the garage but it's not yet hooked up as an outlet).

Tell me what you would do please. Thanks!

Better legal fees for eviction than criminal defense.

You are not in any trouble just because you own the home. The exception would be, once you have "knowledge" of the activity, it can be argued that you are in actual possession........even though there is a lease.

Allowing her to retain possession with your knowledge (that is accomodating her with extra electrical capacity) to run grow lights is probably worse.

You dont have to evict her, but you if she wants to stay, you will have to let her know the dope has to go. You own the property and you can't be a party to her criminal activity.

All are correct, not to mention in some states they can actually seize the home for drug distribution.

I would just make it about the lock. Don't let her know you know about the plant. Tell her you noticed the lock was changed and that she needs to put the original one back on.

Two things: #1: Is it illegal? Washington State is a medical marijuana state. Does she have her medical card? If so, then there is nothing illegal about it.

But on the subject of illegality, you entered the property with no notice, without an emergency being present? Without her being present? I'm willing to bet that is a clear violation of Landlord-Tenant law in Washington State.

Why do you want to keep someone in your house who is not only violating your lease, but also locking you out of the garage and committing a felony on top of it?

I recommend immediately notifying the police. Tell them you are a landlord, and you noticed what appears to be a marijuana plant being grown in your garage. Now that you know about it, you have liability. You don't want to be arrested here for something your tenant is doing.

Dont call the cops on the poor lady just trying to pay her rent and feed her kids. Buy her a curtain and an outlet and raise the rent and get CASH

The Obama Admin has formally stated that they have ended raids on medical marijuana distributors. At least in CA, this is a non-issue:

http://www.nytimes.com/2009/03/19/us/19holder.html

I suggest you check local laws regarding growing and, if it IS legal to grow a certain number of plants for personal use, have that conversation with the tenant. If she is following local laws and has all the proper documentation, CAN you evict her?

Maybe she was growing something else for her son, RIGHT!!!, RIGHT!! Maybe you did not see it clearly like you thought. Dont kill your rental income. Besides, Marijuana is not really a drug, it would be differnet if she had a meth lab.