Landlord Question and Answer Forum

I know that my tenant is growing marijuana in my home. Regardless of weather or not it is being done legally (ie: per Colorado law) I do not want the legal risk or the property risk (humidity, odors, etc). How do I evict a tenant that "may" be growing drugs legally?

You can't, if they haven't broken any laws. If they're a good tenant otherwise, I would reconsider your stance. Otherwise I would serve them with an eviction notice the day the rent is late, and if they catch the rent up before being evicted, I would discontinue their lease when the term is up.

Posted by Ralph F, CA on Friday, October 1, 2010

Problem is, they are not good about mainting the home. The yard has gone to weeds and died in patches, their dog has chewed brand new molding, and they tore out shelving in the basement to put in their "hot house". What about the fact that Federal Law overpowers local law? Or the fact that they now have a home business that was not agreed upon up front?

Posted by Tammie H, PA on Thursday, October 7, 2010

You are right to be concerned. I have a job where I see indoor grows all of the time and the damage done to the home is terrible. The mold from the moisture gets into the walls, the smell permeates the house, and most people run wiring for their grows that poses a fire threat. I would look at evicting them for not keeping the property up and I would serve them with a written notice to inspect the property and see what kind of power they are running to the grow. It may be a fire hazard so you can get rid of them.

Posted by Elisabeth C, CA on Thursday, October 14, 2010

Thanks everyone. I learned a couple things to share. 1) My Rental Home Insurance would cancel all my policies if they found out I allowed the growing of marijuana in any of the rental properties. 2) The EZLandlord lease is broken/default by tenants having a marijuana "business" in the rental property. We had a difficult conversation with the tenants, but all agreed to mutually end the lease in the end.

Posted by Tammie H, PA on Tuesday, November 9, 2010

In addition we include a 30-Day notice in the "Special Terms and Conditions" area of the lease agreement that can be excuted by either party. In that area it specifically states that neither party has to include a reason as to why.

Posted by Management S, on Thursday, December 30, 2010

Also medical marijuana is a Control Substance under Federal Law. Federal Law for handicap does not allow for illegal drugs to be used. Federal Law preempts State Law. Federal authories can arrest Coloardo residents for possession and of use of an illegal drug. Therefore you can deny residency or excute an eviction.

Posted by Management S, on Thursday, December 30, 2010