Legal Question in Landlord & Tenant Law in California
Smoking - change of terms to contract
I have rented the same apartment for 17 years in Oakland, unfortunately I have smoked almost all those years and am now a medical marijuana user as well. I received a 30 day notice saying that I cannot smoke in my unit, any common areas or anywhere else on the property. I have only received one (1) complaint from neighbors in 17 years regarding my smoking & that was when I had to relocate temporarily to a different unit due to construction. Does my landlord have the right to change the terms of my tenancy after all these years, especially regarding the use of medically necessary marijuana?
1 Answer from Attorneys
Re: Smoking - change of terms to contract
Read your lease, if you still have it, or get a copy from landlord. I realize medical marijuana use would not be covered, so you need to read the entire lease.
Without an act by the State legislature, I do not think landlord can address your smoking in your own apartment (again, depending on lease).
Also, be aware that the medical marijuana stores may not be permanently in business. The state says it is legal, the feds say "no", and there have been raids by the federal government closing the stores and arresting the proprietors ( in some parts of the state).
I would retain an attorney, and make sure that you request a demand letter to landlord.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
