Legal Question in Landlord & Tenant Law in California

Re: medical marijuana disclosure

This is not a settled question of law yet. Medical Marijuana, while legal according to California law, is not legal according to Federal law. If the tenant were found to be in possession of marijuana by the DEA, and they had an interest in pursuing him for possession or distribution, your property is at risk, as there are seizure laws at the Federal level for violations of drug laws.

If he is a month-to-month tenant, give him sixty days notice to terminate his tenancy (thirty days if he has lived there less than a year), and find a new tenant. The risk is to high (pardon the pun), and the questions of can you evict him for use of Medical Marijuana (or, as most of these people do, growth of MM) just hasn't yet been answered in either codified law, nor in case law. You do not have to give him any reason for terminating his tenancy if he is a month-to-month tenant.

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