Landlord Question and Answer Forum
I recently discovered a tenant had moved out and had been a State Approved Medicinal Marijuana Grower. I have documented over $4,000 of damage. It does NOT appear that the State Laws require notification to the landlord that their property is a growing site, if so, I would have monitored it much closer. The FAQ below does NOT answer the full question:
9) Do I have to tell my landlord that I am a patient in the OMMP? Can my landlord evict me if I am a patient in the OMMP and have my grow site in my rental housing? Can I live in subsidized housing and be a patient in the OMMP?
It is up to you to decide whether or not to tell your landlord that you are a patient in the OMMP. Nothing in the Oregon Medical Marijuana Act (OMMA) specifically addresses whether or not you can be evicted because you are a patient in the OMMP, even if you have only the amount of medical marijuana allowed by law. Nothing in OMMP laws specifically addresses whether or not a person can be an OMMP patient and live in subsidized housing. If you have questions about these important issues, the OMMP recommends you talk to an attorney to learn about your rights and protections.
From <http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/top20.aspx>
Any suggestions about how to protect your property other than frequent inspections and verbiage in the lease agreement requiring written approval from the landlord to grow?
Kelvin L, OR on Saturday, April 5, 2014
RE: Lack of notification to be a "State Approved" Marijuana Grower
In this situation it is tough, it is good to always be on top of your local law especially now with newly legalized Marijuana in some states. You would want to write into the lease the restrictions and regulations that you require. Even if it is legal you can still demand that you are notified and the regulations for your personal property are put in place. If this was not done try to contact the tenant and negotiate possible fixes as well as withheld security. IF all is lost it may be a learning experience. Good Luck
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