Marijuana growing in my rental

General Landlording & Rental Properties
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Marijuana growing in my rental

Mr Good
Bellevue, WA · Member since 2008 · 40 posts · 0 votes

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!

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Mitch Kronowit
SFR Investor · Orange County, CA · Member since 2009 · 1k+ posts · 1k+ votes
15y

So I guess accepting the rent payments in pot is out of the question? :mrgreen:

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  • Jeff B.
    Real Estate Investor · Lake Worth, FL · Member since 2009 · 263 posts · 92 votes
    15y

    Brandon actually has a good idea with the newsletter. As for entering the property as far as you know you heard the water running and knocked and no one answered so you entered because you thought a pipe had burst and the sound stopped and you couldn't find the source.

    For everyone who says don't worry about it when their house is seized and being auctioned because the courts proved you knew about the tenants growing pot and found 30 plants in the attic.

    0Reply
  • Jimmy C.
    Flipper/Rehabber · Seminole, FL · Member since 2010 · 859 posts · 316 votes
    15y

    Yup tell her a routine inspection coming. Then bring up the lock and repair issue. She may tell you she grows and has a license for it. Then,nobody knows you entered without notice, and you can rest easy about whether or not shes breaking the law

    0Reply
  • Joey Budka
    Real Estate Investor · Santa Cruz, CA · Member since 2009 · 267 posts · 73 votes
    15y

    Pot isn't much of a big deal. Especially since you're located in one of the epicenters for the proliferation of legal use of marijuana. This issue is the last item on law enforcement's priority list. If she was making meth, or growing dozens of plants, that would definitely be an issue. But one plant?? Not a big deal.

    Give her a notice that you're going change the electrical, then have your electrician to his work on the specified day.

    Just keep in mind, chances are pretty good that if she's growing one plant, she's doing so for medical use, not for profit.

    1Reply
  • Mark B
    Investor · Albuquerque, NM · Member since 2009 · 118 posts · 43 votes
    15y
    Originally posted by Mike G.:
    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.

    I couldn't disagree more. This would be a total a$$hole move. First of all, we don't even know if she is growing legally. To remove liability, just write a registered letter to her telling her to remove the plant form the property immediately or provide proof of medical marijuana approval. Nobody's looking to throw a landlord in jail that handles it this way.

    0Reply
  • Tom C
    Real Estate Investor · OH · Member since 2008 · 1k+ posts · 86 votes
    15y

    This is wrong on so many levels. You broke your lease agreement by entering the home without notice. She broke the lease agreement by growing pot on your property and changing the lock and now you are thinking about upgrading the eletrical to help her with her grow op.

    Something tells me you either need to spend some time learning how to be a landlord or get out of the business.

    4Reply
  • Gerald L.
    Los Angeles, CA · Member since 2012 · 50 posts · 6 votes
    14y

    Check your state laws about medical cannabis, if you evict her it's possible that she sues you for discrimination and files charges against you for your trespassing. Hold your breath guys because What she's doing might just be quite legal. You try telling the FBI and DEA to come bust in your house. I will GUARANTEE they will ignore you or send you to local law enforcement. They are not interested in her one plant.

    0Reply
  • Bill Gulley
    Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Okay, okay, okay, I gotta tell this.....

    When I was a kid, my uncle was the chief investigator for the Sherriff's Dept here. Mu grandmother had her house next door to a church parking lot and she had a flower garden under her kitchen window. Someone planted grass in her garden. It grew and wasn't noticed until mu uncle dropped by......Mother, mother, what are you doing? What are you growing? She had this dazed look and what is wrong with you look.....My uncle says you have pot in your flower garden!!!! We went out and he pulled it up and threw it in his car.....so he confiscated pot from his mother.....LOL! (No charges filed).

    Here, we have a right of immediate entry for suspected drug use, and an immediate eviction, but you better be sure they will be found guilty! Good luck

    1Reply
  • Ann Bellamy
    Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    14y

    This is an old thread, but highly entertaining.

    I think there are some good suggestions here for dealing with the issue, but for sure I wouldn't supply her with upgraded wiring so she could grow more plants at the same time.

    Talk about incurring liability!!

    0Reply
  • Grant P.
    Denver, CO · Member since 2012 · 218 posts · 48 votes
    14y

    We are dealing with this on a constant basis here in Denver.

    Not sure if everyone realizes how common pot has become here in Denver the "weed capital" of the country, but there are more dispensary's then Starbucks at this point. You have to adapt or get left behind.

    The grow lights always concern me, however I require my renters to have renters insurance, and I make sure if they are going to grow weed it is only for personal use. Here in Colorado that limits them to 6 plants.

    As long as they keep it legal at a state level, I try to leave them alone. If it looks like they are going to burn my place down I will not be so accommodating.

    I only have high end rentals so I'm not dealing with Cheech and Chong, but here in Denver everyone is doing it.

    0Reply
  • Mike H.
    Rental Property Investor · Manteno, IL · Member since 2009 · 2k+ posts · 2k+ votes
    14y

    Wow. Who knew Denver was such a crazy city?

    As for the renter, I don't see why their poor choice should have to cost you. I would talk with the renter and let them know that you saw the plant and it has to go or they have to go.

    If you use a standard lease, I'm sure you have a clause in it that forbids them from doing anything illegal on the Premises. If so, that should be enough protection for you to ask her to get it out of there immediately.

    If she doesn't, then evict her.

    Although you might want to check in with an attorney to see
    what your liability would be on that? Can they take your house?
    Could the police raid it and then keep it vacant until a trial?

    To me, the easiest path would be to tell her it has to go and then play it from there. But let her know you'll be doing inspections on the house going forward until you can be sure there's nothing going on any more.

    0Reply
  • Gerald L.
    Los Angeles, CA · Member since 2012 · 50 posts · 6 votes
    14y

    Grant P. i thought san francisco (nor caL) was the weed capital of the US lol.

    0Reply
  • Joe Delia
    Involved In Real Estate · Rochester Hills, MI · Member since 2010 · 812 posts · 178 votes
    14y
    Originally posted by Mike Hasemann:
    Wow. Who knew Denver was such a crazy city?

    As for the renter, I don't see why their poor choice should have to cost you. I would talk with the renter and let them know that you saw the plant and it has to go or they have to go.

    If you use a standard lease, I'm sure you have a clause in it that forbids them from doing anything illegal on the Premises. If so, that should be enough protection for you to ask her to get it out of there immediately.

    If she doesn't, then evict her.

    Although you might want to check in with an attorney to see
    what your liability would be on that? Can they take your house?
    Could the police raid it and then keep it vacant until a trial?

    To me, the easiest path would be to tell her it has to go and then play it from there. But let her know you'll be doing inspections on the house going forward until you can be sure there's nothing going on any more.

    Crazy because of why?

    0Reply
  • Mike H.
    Rental Property Investor · Manteno, IL · Member since 2009 · 2k+ posts · 2k+ votes
    14y

    re Joe D's Question.

    Sorry. I probably should have clarified that a little more.
    I thought Denver was crazy because of the previous post
    I read by Grant P (see below).

    Basically, it sounds like they are all growing their own plants
    over there - and it appears to be legal to do it provided
    its 6 plants or less.

    -----Grant's POST---------------------------------------------------------
    We are dealing with this on a constant basis here in Denver.

    Not sure if everyone realizes how common pot has become here in Denver the "weed capital" of the country, but there are more dispensary's then Starbucks at this point. You have to adapt or get left behind.

    The grow lights always concern me, however I require my renters to have renters insurance, and I make sure if they are going to grow weed it is only for personal use. Here in Colorado that limits them to 6 plants.

    As long as they keep it legal at a state level, I try to leave them alone. If it looks like they are going to burn my place down I will not be so accommodating.

    I only have high end rentals so I'm not dealing with Cheech and Chong, but here in Denver everyone is doing it.

    0Reply
  • Page Huyette
    Real Estate Broker · Bozeman, MT · Member since 2012 · 220 posts · 52 votes
    13y

    We had a similar situation a few years ago in a rental we owned that was out of state. The house was in an area that is ...ahem...known for great growing conditions. Mild temps, sunny, remote. In just a few months our tenants had rewired the entire house to include 6-7 outlets in every room including the ceilings. The property wasn't maintained, and the "eyes of friends" I was counting on until my next visit didn't exactly pan out to say the least.

    I had an inkling something fishy was going on, but no hard evidence. I had them on a 3 month lease to start, reverting to monthly, so I simply told them I had other plans for the property and terminated their lease. This was before I saw what they'd done to the property. They were not happy (that's an understatement) , since the timing was likely right before their big harvest. Bummer for them.

    I used their entire deposit (which was hefty due to the size of the house) to take care of all the repairs and fix the electrical, get the yard back into shape, etc. There was water damage in the garage from all the humidity, which would have been more serious had it been in a different part of the house. I sent them a spreadsheet detailing all the work done & also invoiced them for an amount over what their deposit covered (not a lot) to further drive home that I was fully aware of what they'd done, without actually coming out and saying so. I didn't lose any money as a result of all of this, and the house didn't lose value.

    Were they pissed? Heck yeah. Did I receive vulgar, insulting text messages? Of course. Enter call block.

    Most people that are doing this sort of thing, be it on a big or small scale are pretty aware they are doing something wrong, but remember, they are not experienced in real estate or other high-level thinking (again, this is about pot, not mexican drug cartels) so even if it's one plant, chances are they might be the type that is willing to take small, unsavory risks here and there. Bearing that in mind, I'd terminate their lease and find a nice spinster that quilts for charity to fill the unit.

    The more rentals you've had experience with, the greater the odds that you'll run into some sort of problem like this, its just a matter of time. Taking it in stride makes you better able to deal with future issues.

    1Reply
  • Michael B.
    Apopka, FL · Member since 2012 · 207 posts · 120 votes
    13y

    I realize this is really old thread, but the first time I'v'e seen it.

    You have to be really careful in this type of situation. Like someone mentioned before you can get your house seized. It happened to my Father-in-Law.

    It was in West Virginia in the early '90's. He was renting out an old farm house to a young couple that seemed very nice -- clean, always payed on time, etc.

    And then one day the tenants were in jail and the house was gone. They were growing about 20 plants in a cold frame in the yard. The state put a padlock on the house and began preparations to auction it. The good thing was that although it was seized my Father-in-Law was seen as having an ownership interest. If somebody else wanted to bid it would have to be at least the tax appraisal value which would go to my Father-in-Law.

    In the end nobody else was interested and he got it back. The state of WV took a 10% cut of the appraised value, the county took enough to get caught up on taxes and it was given back.

    But this took 2 years to work out. In that time it was empty and he wasn't even allowed to enter for maintenance. Thankfully he had no mortgage on it. But it cost about $7,000 in fees to the government and another $2,000 in legal fees to get it back, not to mention 2 years loss of use.

    States handle this sort of thing differently, but this is something to seek professional advice on and be VERY careful. This type of thing can be a real nightmare, especially when states need cash.

    1Reply
  • Karen MargraveBusiness Member
    Moderator
    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    13y

    What are the laws in your state regarding cultivation? In California it's allowed outdoors, but not indoors, and the grower has to have people that have medical 'prescriptions' for pot, thus the grower can get several people to put all their scripts together and justify growing ALOT of pot!

    Besides, didn't Washington just leagalize pot?

    0Reply
  • Grant P.
    Denver, CO · Member since 2012 · 218 posts · 48 votes
    13y

    Colorado just legalized it as well, as of today.

    0Reply
  • Daniel Guliano
    Palm Beach Gardens, FL · Member since 2013 · 2 posts · 0 votes
    13y

    First off
    IT'S ILLEGAL to enter that house without a 24hr notice to the tenant..PERIOD

    You can not violate renters rights... Would you like someone coming into your house when you are not there.

    Don't do that she could preseant legal problems for you.

    Now,
    She needs your permission to grow. She is not the owner and has no legal rights to make on YOUR house. Only the space she provides(garage).
    If she is legal and not doing a major grow you have nothing to worry about (unless you have made enimies with the police) and your State (the people) have made it legal to do so.
    If she is running 1 light and your garage is up to code then you are fine. 1 light does not draw a lot and once flowering its down to 12 hours.
    If your electric has some flaws then you need it checked out. It will be like running a dryer or stove for that time.
    As far as tenants,
    it is very hard to find good tenants i think and if you are comfortable and feel safe with her
    ASK her.. lol I think she might be a little mad your violated her privacy without notice.... but a good tenant will always work well with others i think too... lol

    If not and she will not budge... you have the right to file a notice to either stop growing or move out.
    Thats your right.

    0Reply
  • Robert Steele
    Investor · Lucas, TX · Member since 2010 · 620 posts · 352 votes
    13y
    Originally posted by Mark Updegraff:
    I can't believe you entered the house without notice. If I were your tenant And found out. I would be pissed and do everything I could to get get you in trouble for trampling on my privacy.

    You need to learn how to be a good landlord. You give us all a bad name.
    UNBELIEVABLE

    Actually, the state laws regarding this may surprise you. I use the standard Texas Real Estate Commission promulgated lease form and the wording on when I can enter the property without notice is very loose.

    That said I respect my tenants and their privacy so I always give them at least 24 hours notice and always try to line up my visits for when they will be home.

    0Reply
  • Bill Gulley
    Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    OP, what's the address?

    LOL

    0Reply
  • Gene HackerPro Member
    Flipper/Rehabber · Lake Isabella, CA · Member since 2011 · 974 posts · 488 votes
    13y

    I bought a property at a nice discount because the owner had a tenant in place that they could not handle. The day after I closed I posted 3 day notice and when I was there I could see dozen or so pot plants in the back yard (in plain sight from the street). I went to the sheriffs office to report it and they were not interested in even hearing about it. They said it could be legal and because it involved medical privacy issues, they will not even ask the grower to show them their medical marijuana card. They basically told me to not worry about it. I asked about federal laws and they said that they felt for me but ultimately the feds never get involved on anything smaller than huge grow operations.

    I moved forward with the eviction and had them out with no major drama.

    This was in Kern County California.

    0Reply
  • Ryan Clark
    Real Estate Investor · Victoria, British Columbia · Member since 2012 · 8 posts · 0 votes
    13y

    Someone said you're in Washington state. If that's true, since the voters there chose to legalize marijuana in a referendum during the last election, the police may not particularly care. Even then, I would be hesitant to call them when it's such a minor issue that you can easily resolve yourself. If you don't want it there, tell her so and also ensure that the lock on the garage is changed back to the original one.

    Sometimes having a direct conversation is the easiest way to fix a problem, and I think this is one of those times.

    0Reply
  • Paul TschetterPro Member
    Lender · Freeland, WA · Member since 2012 · 103 posts · 23 votes
    13y

    Mr Good -

    I know this is an old post but what did you decide to do? I think I read the whole thread and did not see how you ended up handling this situation. I am VERY curious as I own investment properties in WA and have 2 medical marijuana tenants currently. In fact, I believe there is a tremendous opportunity in this niche in MMJ friendly states.

    Paul

    [email protected]Podcast Guest on Show #59
    0Reply
  • Account Closed
    SFR Investor · Member since 2011 · 198 posts · 61 votes
    13y

    John Hostetler

    That is not true, the DEA is still raiding homes in California Central Valley, my neighbor works with the DEA and they are very busy busting grow houses here. ( they just busted one home six houses down from me two weeks ago and arrested 6 illegal Mexicans and I live in a nice newer area) The good news is they work from the biggest offenders down, I saw the map of the known grow houses and there are so many houses to raid out here they will be tied up for a very long time.

    0Reply
  • Michael Whitney
    Bow, WA · Member since 2013 · 1 post · 0 votes
    13y

    you have COMPLETELY VIOLATED your tenants rights! If you had a SERIOUS concern, you should of contacted her to discuss the situation. If she was uncooperative, you should of contacted local authorities and told them your problem. I am extremely disappointed in this.......walking into your tenants house without notice or emergency cause.... you DO give us a bad name. Don't expect any help in court. I am saving your statement in this forum to submit in another issue. Good luck.

    0Reply
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