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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2983
Experience:  Litigation Attorney
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I am 72 years old & I rented a bedroom in a 2 bedroom mobile

Customer Question

I am 72 years old & I rented a bedroom in a 2 bedroom mobile home about a month ago .my landlord who lives 8 blocks away just rented the other bedroom to a tenant who has a health issue & a doctors letter that confirms his need for medical Pot. First he started growing pot in his bedroom now he he has started growing it in the living room as well. I live in a no rent control part of Calif Is there anything I can do to stop his smoking & growing this stuff inside the residence. The grow lights make it very hot in my room & the fans are very loud. The landlord was informed of this tenants legal right to grow medical marjuana after he had already moved in. I am worried about the risk of a fire due to the 1000 watt light bulbs he is using in the spare bedroom But I dont want to get kicked out becouse I can not afford to move elsewhere
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

In a state that allows either medical or recreational marijuana to be grown in private residences, a landlord can prohibit renters from growing pot by including the rule as a clause in the lease. If the issue comes up after the lease has been signed without such a clause, the landlord would likely need to rely on an anti-drug or crime policy that hopefully was included in the lease.

The landlord would then need to send written notice of the lease breach, citing the appropriate clause. If the renter continues to grow plants after receiving the written notice, the landlord may attempt to evict the tenant.

If no such clause exists, the landlord may have difficulty preventing renters from legally growing marijuana during the term of the lease. If the landlord is unwilling to enforce any lease provisions and there is nothing else in the lease to help you regarding this, there probably us not much you can do. You could speak to the landlord and see if there is a different mobile home you could move into with a different roommate without this issue, there is nothing you can do legally without sufficient language in the lease.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further questions?