Options? tenant legally cultivating marijuana

Options? tenant legally cultivating marijuana

Albany, CA · Member since 2016 · 8 posts · 0 votes

Our property is in MI but we live in CA so it's hard to keep track of the tenant.  We recently visited and discovered that they have been cultivating marijuana in the basement.  They were growing and dispensing marijuana before the start of their lease and yet did not notify us.  Without a lawyer's perusal, we can tell that what they're doing is registered and legal.  So now we're faced with two unappealing choices and would like the advice of those who might have been in similar positions.

1. Sell them the house

They want to the property as is. However the house is currently below the value at which we bought it and we would be losing ~50k if we sold at the current estimated prices, not including Realtor fees and the additions we made to the property( adding in AC, deck, lawn, sprinklers).  The house will be difficult to sell to anyone else because we will need to notify any potential buyers that the property was a grow house.  

2. Evict or wait out the lease agreement and search for a new renter

She has been renting with us for more than 3 years and continuously growing since then.  The additions she has made to the property without our approval alone is cause for eviction.  Either that, or more likely, we will wait out our lease agreement and refuse to renew (one month remaining). We will have to spend a significant amount of money repairing damages done and it will be significantly more difficult to find a renter if we have to disclose that the house was used as a grow-op.  

Is there anything we can do to reduce our losses?  Any opinions or advice on these options?  Any other options you could suggest.  We will not be allowing her to renew the lease for obvious reasons.  

For anyone who has faced a similar situation.  How did you handle it?  Does anyone have advice and suggestions that they could offer?  

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Lender · San Antonio, TX · Member since 2016 · 1k+ posts · 1k+ votes
10y

@Wendy Li I would try to monetize the amount of the value she has 'cost you' because of the requirement to disclose it as a grow house (and all check to make sure that disclosure also applies to legal operations), and tell her to pay it to you in the form of increased rent. 

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  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Terminate at the end of their lease. In the future only use M2M leases.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Wendy Li:

    Our property is in MI but we live in CA so it's hard to keep track of the tenant.  We recently visited and discovered that they have been cultivating marijuana in the basement.  They were growing and dispensing marijuana before the start of their lease and yet did not notify us.  Without a lawyer's perusal, we can tell that what they're doing is registered and legal.  So now we're faced with two unappealing choices and would like the advice of those who might have been in similar positions.

    1. Sell them the house

    They want to the property as is. However the house is currently below the value at which we bought it and we would be losing ~50k if we sold at the current estimated prices, not including Realtor fees and the additions we made to the property( adding in AC, deck, lawn, sprinklers).  The house will be difficult to sell to anyone else because we will need to notify any potential buyers that the property was a grow house.  

    2. Evict or wait out the lease agreement and search for a new renter

    She has been renting with us for more than 3 years and continuously growing since then.  The additions she has made to the property without our approval alone is cause for eviction.  Either that, or more likely, we will wait out our lease agreement and refuse to renew (one month remaining). We will have to spend a significant amount of money repairing damages done and it will be significantly more difficult to find a renter if we have to disclose that the house was used as a grow-op.  

    Is there anything we can do to reduce our losses?  Any opinions or advice on these options?  Any other options you could suggest.  We will not be allowing her to renew the lease for obvious reasons.  

    For anyone who has faced a similar situation.  How did you handle it?  Does anyone have advice and suggestions that they could offer?  

     I'm wondering if you should just let her stay.  She's probably making good money.  Why don't you just increase her rent at the end of the lease by a significant amount, but not so high as to make her leave.

    It just seems to me that for one, she's legal so there's no problem with you getting in trouble there.  And that also, if she moves out it could be expensive.  So, I'm thinking maybe you can just increase the rent and let her stay.

  • Albany, CA · Member since 2016 · 8 posts · 0 votes
    10y

    She's offered to increase the rent from 2.1k to 3k.  However I don't know if it's worth it considering the damage she's doing to the property with the grow installed and the potential fire hazard.  Also it's also impossible to trust anything she's saying after this...   

  • Lender · San Antonio, TX · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    @Wendy Li I would try to monetize the amount of the value she has 'cost you' because of the requirement to disclose it as a grow house (and all check to make sure that disclosure also applies to legal operations), and tell her to pay it to you in the form of increased rent. 

  • Investor · La Grange, KY · Member since 2016 · 44 posts · 19 votes
    10y

    @Wendy Li It's still against federal law and all it'll take is a new president to start enforcing it and seizing grow ops and depending how they view your letting them run a grow up I could see the property and your personal property being caught up in it.  I'd move them out ASAP

  • Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    10y

    increase the rent and maybe insurance coverage and I would consider it a win

  • Albany, CA · Member since 2016 · 8 posts · 0 votes
    10y

    We are not considering renewing the lease agreement.  

    Would there be any way to receive compensation for the damages done if we had someone get an estimate of how much it would cost to clean up the op and remodel after she moves out?  I can't figure out if she was legally required to disclose to us that she was growing but it seems illogical that there be no consequences to her for hiding this from us if we have to disclose the problem to any future tenants or buyers but had no say in allowing her to grow on our property.  

  • Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    10y

    You could go to court for damages but no telling for sure whether you would receive any of it very quickly if at all

  • Investor · Pinckney, MI · Member since 2015 · 95 posts · 24 votes
    10y

    Talk with a RE lawyer to see if you are at any risk if the tenant gets into some sort of trouble.  If not, then go with the increased rent to cover the cleanup when she moves out.  Or perhaps offer to sell through a lease option. 

  • Investor · Buffalo, NY · Member since 2016 · 668 posts · 209 votes
    10y

    Sell her the house at your cost. Don't value this property as a residence but as a commercial enterprise. It should be worth the market value of the house plus a $50K premium to not force her to relocate and renovate an new operation. Where will she go? What landlord will have her? Don't know how hard it might be to find bank financing or you might have to hold paper. It's a legal business, get a commercial real estate attorney involved to write the deal.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    10y

    If you are going to lose money selling and you are doing good with the rental amount (even with a new tenant) then don't sell. Give her notice you are terminating the lease and terminate at the end of the lease or start eviction for lease violations now. We have two clauses this would violate in our lease running a business in the house and illegal (federal) activity.  Besides you don't want to sell like this and have her benefit from what she did to your house. 

    What makes you think rent will be less because it is a known grow operation? It is not like some other disclosures like a meth house. Yes there is damage and illegal renovation by her that you need to address and do charge her for that but if the house is renting at market value then it is market value. If you get enough over market renting to her to compensate for the issues then yes I would keep renting to her but it has to compensate you well.

    We had some legal growing tenants for their own use and I would not do it again. Even with the limitations in volume on what they could grow it wasn't great. They were difficult about allowing repair access and everyone who came in recognized the odor. For us the break-in  risk, proximity to other properties and the tenants generally being high made it undesirable to have them there.  We were glad when they were gone.   

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    You are making the right decision to terminate.

    There is no reason to keep a bad tenant regardless of what they are willing to pay in rent. It is not responsible on the part of a investor to place monthly income ahead of protecting your property and business interests. Very short sighted.

    I would take her to court for the cost to repair the property. Let her know in advance and see if she will come up with the money without the court involvement.

    Have a licenced contractor inspect the property and give you an estimate on the costs asap. If she refuses to pay, once she is out, have the work done and take her to court for the full cost. 

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Wendy Li:

    We are not considering renewing the lease agreement.  

    Would there be any way to receive compensation for the damages done if we had someone get an estimate of how much it would cost to clean up the op and remodel after she moves out?  I can't figure out if she was legally required to disclose to us that she was growing but it seems illogical that there be no consequences to her for hiding this from us if we have to disclose the problem to any future tenants or buyers but had no say in allowing her to grow on our property.  

     You can't get compensated based on an estimate in court.  You have to be out of pocket.  You could use the estimate to try to negotiate a deal with the tenant out of court.

    By the way, what kind of damage did she actually do?  And why would a grow op be a fire hazard?  I'm not being snarky, I really don't see how growing plants would increase fire danger.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y

    Well, if it's legal in Michigan, then I personally wouldn't worry so much about it, because tenant/landlord laws are based on state laws, not Federal law. 

    Is there a risk for some Federal problems? Yeah, sure. So, maybe having a sit down with her and explaining that you'd be willing to let her stay for 4k in rent, because she's running a business on the property and you are taking a chance, but since it's a legal business, you'd be willing to do it. 

    Chances are that she's making really good money and this is not as big a deal as trying to find another place would be. 

    Or you can ask, if they are interested in buying the house in cash and if so, then your price is going to be higher than market price and you won't lose money.

  • Rental Property Investor · WY · Member since 2016 · 243 posts · 221 votes
    10y

    What sort of damage has occurred?


  • Investor · Austin, TX · Member since 2015 · 58 posts · 16 votes
    10y

    I would say extending the lease amounts to postponing the issue, even if she pays more rent.  You still have a damaged house today or next year.  She can either buy at a price that works for you.  Or, she can leave and pay damanges incurred on the house.  That would include cost of repairs, cost of removing the smell, etc.  I would present these two as the options to her.  Her choice.  Your decision is to get her out or sell her the house.

  • Real Estate Investor · Miami, FL · Member since 2016 · 41 posts · 10 votes
    10y
    Increase rent and continue to lease her the house. She likely has a medical dispensary license and can provide a certain amount of weed to a certain number of patients legally in Michigan. In all likely legalization with take place in 4th quarter of this year is my understanding. If this is beyond you level of comfort, sell her house for whatever value makes you whole- that's the true market. Also why would you need a realtor? You have a buyer and you are seller, write up contract have a local local approve and pass on to title company and save your self the 6%! I'd personally raise rent to 3500 and keep tenant, they will likely pay and it makes it worth your wild. Is house in Detroit and why's is true market value range as is?
  • Albany, CA · Member since 2016 · 8 posts · 0 votes
    10y

    The house is in Ann Arbor with a good school district.  The  current market value is 300-330k.  However we bought the house new at 335k and spent around 15-20k installing grass, sprinklers, a deck and AC.  

  • Investor · Cincinnati, OH · Member since 2015 · 374 posts · 120 votes
    10y

    Wendy, you need to make a few decisions and then ask a more concise question.

    That said, you don't have to disclose to a new renter it was a grow-op. 

  • Financial services executive · Frederick, MD · Member since 2015 · 609 posts · 341 votes
    10y

    You're a fool to kick out a performing tenant for doing something totally legal. They haven't  violated your trust either. I would get a professional you're comfortable with (at their expense) to alleviate your concerns about potential fire hazards, make sure they have adequate tenting and dehumidifiers to prevent mold growth, raise the rent and move on.

    The majority of the country no longer shares your antiquated views onot cannabis. 

  • Investor · Colorado Springs, CO · Member since 2014 · 77 posts · 54 votes
    10y

    Is this a residence that is being used as a business? If the tenant is violating zoning law then you might have an easy and justified way out.

    It doesn't matter how the tenant is doing it, if they are devaluing your property they are a liability even if they continue to pay rent. If you aren't comfortable with your situation, be the owner and step up and change it. No one can make a better financial decision for you than you can, so whatever you decide, be firm and confident in your decision.

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