Michigan Medical Marihuana landlord rights

Michigan Medical Marihuana landlord rights

Real Estate Investor · South Lyon, MI · Member since 2013 · 11 posts · 2 votes

I have a tenant who has an MMP card and is growing marijuana. It is not clear on the landlord rights to have access to the room. According to the law for the grow room, only the caregiver and patient should have access to the room:

"“Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located..." (emphasis my own)

Does this mean that as a landlord, I do not have the right to keep a copy of the key and access the room to check smoke/CO2 detectors, check for damages, enter in the case of an emergency, etc.?

I have not been able to find anything regarding landlord/tenant law regarding this issue. I will be contacting my lawyer next week, but was wondering if anyone had experienced this before.

0Reply
109 views

Most Popular Reply

Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
12y

That is one of the main reasons prohibition ended. The States needed the tax revenue then also. There were other reasons which are similar to the marijuana situation. People were outraged at the violence and corruption associated with illegal alcohol which wasn't there with legal alcohol. (Prohibition was the catalyst for organized crime--it gave the mobsters a reason to work together). Alcohol consumption and underage drinking actually increased under prohibition. (The speak easys were open round the clock and they didn't care how old you were).

See this reply in the discussion

19 Replies

Jump to latestLatest
  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    I would think as a landlord you could explicitly forbid this in your lease, medical card or not. That's pretty common here, even for the legal stuff.

  • Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    I just had a guy call me about a house and he wanted to fill the basement with plants. When I told him no, he then offered more $ each month and then wanted to argue with me.

    I wouldn't allow this in my rental. It's federally illegal.

    Even with a license to grow, it's not legal to sell it. You can only "donate". Everyone who's growing it is also illegally selling it. I wouldn't want to deal with it. Too many problems.

  • Real Estate Investor · South Lyon, MI · Member since 2013 · 11 posts · 2 votes
    12y

    @Jon, going forward, I will include that in my lease agreement. However, the tenants have been in there for 4 months and I cannot change it at this point.

    Michigan law does not require a MMP card holder to disclose the fact to a landlord. There is not a lot of information out there yet, as this is a law only recently introduced. I do not know how many cases have gone to court over this issue yet, but I imagine there will be plenty going forward, especially for concerned landlords and their rights.

  • Sherman Oaks, CA · Member since 2013 · 3k+ posts · 2k+ votes
    12y

    Keller Williams is advertising on first website page a 5000 sq ft growing facility in Colorado for lease. I think this is going to be spreading out to other states like Michigan. Landlords be ready to adjust agreements for new reality.

    Thanks,

    Matt

  • Real Estate Investor · Madison Heights, MI · Member since 2014 · 693 posts · 216 votes
    12y

    I am already looking for commercial warehouses for this very reason.

    It is only a matter of time that this is going to be legal to do. I want to be ready to go when this happens. I figure between the properties and the pot I could stop working a real job.

    Wait till all these states sees all that tax money that comes with this. Also all the money saved from not having to waste time on busting people for pot. How stupid to bust people over a plant.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    12y
    Originally posted by @Mark Wolka:
    @Jon, going forward, I will include that in my lease agreement. However, the tenants have been in there for 4 months and I cannot change it at this point.

    I'm not sure you're as stuck with this as you may think. Let's assume you did want to enforce him not being allowed to grow there, and proceed on with that train of thought for a second.

    What does your lease say about illegal activity at the property, and the recourse you as the LL have in that situation?

    While the state of MI allows for the growing, and use of marijuana, it is still federally illegal. So you could terminate the lease based on the federal illegal activity going on.

    Also what does your lease say about the LL right to access the property, and the tenant's requirement to allow such?

    If your lease says the tenant must allow you to still access the property (which it should), but MI state law says his grow room can only be accessible to him and the caregiver, then by default his legal obligation prevents him from allowing you access IMO. As such he is now in breach of the lease since he by law must deprive you of your right to access the property.

    Just my .02 and as you said there is probably a serious lack of case law on the subject at this point, but that would be my thought process on the situation.

  • Sherman Oaks, CA · Member since 2013 · 3k+ posts · 2k+ votes
    12y

    that's funny Scott K and probably wise. CO says it's getting $165 million in new tax revenue first year for education, drug rehab and police/fire services. I am not sure how many states can ignore tax windfall at this point.

    Thanks,

    Matt

  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    12y

    That is one of the main reasons prohibition ended. The States needed the tax revenue then also. There were other reasons which are similar to the marijuana situation. People were outraged at the violence and corruption associated with illegal alcohol which wasn't there with legal alcohol. (Prohibition was the catalyst for organized crime--it gave the mobsters a reason to work together). Alcohol consumption and underage drinking actually increased under prohibition. (The speak easys were open round the clock and they didn't care how old you were).

  • Investor · Cape Coral, FL · Member since 2008 · 15 posts · 0 votes
    12y

    @Scott K. For what it's worth, there are already warehouse grow operations in Michigan for the medical marijuana. We responded to a fire in one a couple of years ago.

  • Investor · Macomb, MI · Member since 2013 · 654 posts · 115 votes
    12y
    Originally posted by @Mark Wolka:
    I have a tenant who has an MMP card and is growing marijuana. It is not clear on the landlord rights to have access to the room. According to the law for the grow room, only the caregiver and patient should have access to the room:

    "“Enclosed, locked facility” means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located..." (emphasis my own)

    Does this mean that as a landlord, I do not have the right to keep a copy of the key and access the room to check smoke/CO2 detectors, check for damages, enter in the case of an emergency, etc.?

    I have not been able to find anything regarding landlord/tenant law regarding this issue. I will be contacting my lawyer next week, but was wondering if anyone had experienced this before.

    Hi Mark, I personally have been through this. You need to get them to sign the Marijuna Addendum first off. And yes it is your property and you do still keep a copy of the key. If they install an alarm then you will also need the alarm addendum and code.

    Even still since its illegal federally you run the risk of losing your house to the feds.

    If they dont want tosign the addendums them you need to ask them to leave.

    I had to consult an attorney last year when I allowed this in one of my properties.

    Now... the aftermath. You WILL need to paint everything including walls, ceilings, (and floors in the grow room , clean the furnace, clean the ductwork, and wash all other non-paintable surfaces with a special cleaner to rid the house of the smell after they leave.

    Im just finally coming to the end of this process and am putting an ozone machine now because there is still a tiny faint smell when i first open the side door.

  • Investor · Macomb, MI · Member since 2013 · 654 posts · 115 votes
    12y

    @Mark Wolka

    I wanted to clarify the painting because I mistyped on my phone. You will need to paint all walls and ceilings in the house. In the grow room you will need to also paint the floors and any floors leading to the grow room as it will attract the THC from foot traffic.

    Now the final reason NOT to allow this to continue...

    The crime it attracts from neighbors. Here is my list:

    1. Actual break in but only got a laptop due to alarm

    2. 5 more attempted break ins and caught on camera (True HD camera system) but guy has no record so cops couldn't do a face recognition.

    3. After move out, two guys busted in through a window ready to raid the house... unfortunately for them the house was already vacant.

    I had to replace the glass, file a police report and clean up all the mess.

    We found the two ski masks in front of the house in the road next to the tire peel-out marks from them leaving the property.

    So it's up to you but after my experience, this will be something I never allow again.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    @Aaron Yates makes some good points for NOT allowing this activity on your property. In addition, increased potential for moisture damage and fire damage.

    @Matt Devincenzo is right, you are not stuck with this. Enforce the terms of your lease that will help you or amend the lease to cover what you need.

    I think you already know intuitively that having a marijuana grow operation in your residential unit is not good for you, not good for your business and not good for your neighborhood. Nip it in the bud!

  • Real Estate Investor · South Lyon, MI · Member since 2013 · 11 posts · 2 votes
    12y

    Thanks for all the comments and suggestions everyone. Currently, they are late on rent so I will probably be able to get them out on that violation, but good to know all of the different angles I have going forward.

    PS. Aaron, was that property in Warren? Whereabouts? I am still considering buy another property in Warren, but am definitely looking north of 696.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y

    This shows just how idiotic lawmakers can be. How do they expect repairs and maintenance to happen with such restrictive language and no specific language to permit others to have access in certain exception cases.

    Imagine a crime of somebody getting into that room via a window; would the police be allowed in to check on that? And if there were a fire in that room, could the firefighters go in? Of course they might get too high if that happened :)

  • Investor · Macomb, MI · Member since 2013 · 654 posts · 115 votes
    12y
    Originally posted by @Mark Wolka:
    Thanks for all the comments and suggestions everyone. Currently, they are late on rent so I will probably be able to get them out on that violation, but good to know all of the different angles I have going forward.

    PS. Aaron, was that property in Warren? Whereabouts? I am still considering buy another property in Warren, but am definitely looking north of 696.

    Yes. One street north of 8 mile and west of van dyke.

    Going north of 696 will cost alot. South Warren is great for rentals. A friend of mine has over 40 in Warren alone. Great ROI.

  • Flat Rock, MI · Member since 2011 · 31 posts · 8 votes
    11y

    I had one possible tenant interested in renting mainly because of facing south and free water - I refused because I do not allow smoking of any kind in our units, whehter you have a card or not, I don't care.  I have that choice I believe.  I have COPD and have trouble going behind a cleaning from a tenant that smokes - so we do not allow it.  It causes me not to be able to breath after entering the room even week later.

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    11y

    Any landlord who knowingly allows a grow op in their unit is demonstrating extremely poor judgment. There is medical marijuana in Canada  but the feds changed things so that now it is only grown at federally approved, licensed facilities. All those medically approved users with plants at home also seemed to have friends ready with cash in hand for drugs. I have talked with a Sergeant that heads up one of the local Guns and Drugs task forces and he says he is amazed sometimes to find illegal grow ops in units and the landlord says he has not inspected the place in years. Meanwhile the home is ruined with structural alterations, illegal wiring, mold problems, the works. Landlords need to safeguard their properties from major damage of this nature. I can't imagine circumstances in which I would allow a grow op in property that I own. The standard lease I use prohibits illegal acts, and the authorities here have fast track evictions for those in the illegal drug trade. There are easier ways of making a living as a landlord than to host a grow op.

  • Residential Real Estate Agent · waterdown, Ontario · Member since 2014 · 21 posts · 6 votes
    11y

    depending on how big an operation, of which may be hard for you to contirol they could completely ruin your house with mold caused by excess moisture. Along with electrical and  venting modifications. Paint and cleaning could be best case scenario. As Stephen advised no landlord should ever knowingly  let this happen. Be proactive to avoid this. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.