Legal Question in Landlord & Tenant Law in California
I'm the property manager on a piece of land with a small house and a barn. When the tenant moved in last January, he asked if he could convert a part of the barn into an office. I said that would be fine. After hearing about some unusual alterations to the barn, I went and did a walk through. The tenant has completely altered the entire building and installed a very elaborate grow house for medical marajuana. He showed me documents allowing him to do so under the name of a collective in a nearby town. I'm quite sure the owner will be unhappy with this situation, but do I have grounds to terminate the lease (CAR Form LR), which isn't due to expire until 12/31/2013? Thank you in advance!!
2 Answers from Attorneys
I am not sure you have grounds to terminate the lease yet, but you certainly can demand removal of the equipment and plants. First off, the form has a no-modifications without consent provision. You consented to an office not a marijuana growing facility. Second, you have a no illegal activity clause. Although legal under state law, it is still a federal crime to grow marijuana for distribution, and it could subject your land owner, and even you personally, to prosecution and penalties up to and including seizure of the land, if you allow it to continue. You should issue a formal written three-day notice to remove all equipment and uses of the premises that are not in conformance with the lease. If they fail or refuse to comply you will then be able to file an unlawful detainer case to terminate the lease and remove them from the premises.
You should also check with the local police, without revealing names, whether the documents from the collective actually allow him, as opposed to the collective, to do what he is doing.
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