Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I am a commercial Landlord in San Francisco, CA. If I lease

Customer Question
I am a commercial Landlord...
I am a commercial Landlord in San Francisco, CA.
If I lease my space out to someone and I give permission to sublease, and the new tenant subleases to a someone that is going to grow a marijuana farm, what is my liability or concerns?
I told the master tenant he could do whatever he wants in there as long as it's legal.....he tells me not to worry, it's all legal....I don't want to just take his word for it.
Do I even have to worry about protecting myself or the property if he is doing something illegal, or is it just none of my business.
Thanks
Alex
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 28 minutes by:
8/19/2016
Lawyer: N Cal Atty, Attorney replied 1 year ago
N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9,533
Experience: I've represented both landlords and tenants.
Verified

Thank you for your question.

Whether or not growing it is legal depends on whether the person has a doctor's recommendation and is growing for personal medical use, or something else. The first is legal but growing commercially for sale is not quite legal yet in San Francisco even if the buyers all have doctor's notes or the buyer is a licensed dispensary. SF licenses dispensaries, see https://www.sfdph.org/dph/EH/MCD/default.asp but does not yet license growers. "The Medical Cannabis Dispensary (MCD) Program permits, regulates and inspects medical cannabis dispensaries in San Francisco. Medical cannabis collectives and cooperatives with nine or fewer members are exempt from local permit requirements."

So if the tenant is part of a small cooperativce or collective it may be legal.

The other major concern is whether the person is growing only using sunlight or is using artificial lighting. Many fires have been started by overloading an electrical system by having grow lights that required more power than the system was designed to handle.

It is not none of your business because you own the property and most leases have a clause saying tenant cannot use the premises for illegal purposes such as running a casino, whorehouse, or butane hash oil lab. It is illegal to use butane or any other solvent to process cannabis. If something bad happens that damages the property and your insurer denies coverage claiming you knew or should have known about the grow operation or whatever, you are going to have a bad time in court trying to get the insurer to pay for the damage.

So, a small personal medical grow is legal and would not usually overtax a commercially wired building but a larger operation is usually illegal and as noted SF does not permit them.

You may want to discuss this with the master tenant and subtenant directly and inspect your property if necessary to determine the scale of the grow operation and whether they intend to do any processing that involves solvents.

My personal opinion is that using electricity to grow a plant make no sense at so many levels I would never condone it. A modest grow using sunlight does make sense.

Please let me know if I have not answered your question prior to rating my answer.

I hope this information is helpful.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
thank you for your response.If you were me, what forms or documents would you advise me to give to master tenant to sign or certify anything to protect myself going forward if I end up in court?Thank You.
Lawyer: N Cal Atty, Attorney replied 1 year ago

Does the lease already prohibit the use of the property for an illegal purpose?

Ask Your Own Landlord-Tenant Question
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9,533
9,533 Satisfied Customers
Experience: I've represented both landlords and tenants.

N Cal Atty is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I rented apartment from 2016, July to moved out on 2017,
I rented apartment from 2016, July to moved out on 2017, Jul31, one year term is complete, there is mouse inside apartment,shit in the kitchen everywhere, sometimes even in my bedroom, the sink in the… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
What proof do I need in Civil Court to present that that the
What proof do I need in Civil Court to present that that the landlord must pay the cost of bringing the building to code?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have to move for a job in march. leaving 5 mo on the
i have to move for a job in march. leaving 5 mo on the lease. what can i do to minimize my cost? … read more
John
John
Attorney
Doctoral Degree
5,864 satisfied customers
The landlords boiler stopped working two days after I filled
The landlords boiler stopped working two days after I filled it with oil. The landlord know decided to go to gas and I am out 427.00. Who is suppose to reimburse me, the land lord or the oil company? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I rent a home and the landlord's own piece of property
I rent a home and the landlord's own piece of property behind mine they have a barn built there that they keep their RVS boats and everything and but they run the electricity for their property behind… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Landlord included language in his original commercial lease
Landlord included language in his original commercial lease that he is disputing due to month to month conversion by default because no agreeable terms could be reached for new lease. Should all origi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I signed a lease years ago and it was for the terms of 1
If I signed a lease years ago and it was for the terms of 1 yr and I never moved out or signed any new lease is there a chance I can just pay my last month's rent and leave with no other penalty?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
We were given our 5 day notice and then the landlord
hello, we were given our 5 day notice and then the landlord accepted a payment twice. Then they moved forward with the eviction notice. We went to court the landlord didn't even come so we could media… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I gave my property manager the termination at the end of the
I gave my property manager the termination at the end of the term.. 2/28/18 I have repeatedly asked for the contact list for my tenants. They say it is a "privacy issue" and cannot share the contact l… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My friend is having movers get her stuff out of the rental
My friend is having movers get her stuff out of the rental in barataria Louisiana in the Jefferson Parish. At the same time she wants to change the locks and there's a guy in her place who is not a ro… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I just found out that the building that I'm living in is
Good morning I just found out that the building that I'm living in is filed under a Cooperative dwelling and I want to know if the chairman or president of the board isn't a tenant here is that legal.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What recourse does a tenant have when a property owner
What recourse does a tenant have when a property owner leases their building knowing the building does not meet the building code for a school for which the tenant is lasing? If there isn't a resource… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Is landlord allowed to deduct for cleaning when excess dirt
Is landlord allowed to deduct for cleaning when excess dirt is on baseboards and in corners. … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I have a tenant who formally gave notice 01//18/2018
Hi. . .I have a tenant who formally gave notice 01//18/2018 breaking the lease. Tenant gave two move out dates; I sent an email asking for confirmation of which date. Tenant claims they are still on t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I have a question about my rights as a tenant, I am on my
I have a question about my rights as a tenant, I am on my 3rd month of a 12 month lease in San Jose California. I have been experiencing a violent banging noise in my bathroom whenever a neighboring u… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have a friend who is homeless. She lives in a camper. She
I have a friend who is homeless. She lives in a camper. She has a small dog as a companion. She wants to get into senior housing (she is over 65) but she is told to get housing she must go to shelters… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
Law Educator Esq, I have a problem, 1st the court denied my
Good evening Law Educator Esq, I have a problem, 1st the court denied my mold report, because it wasn't enough what I submitted, which made me angry, because I spoke to MI&T about 5 times, even the ma… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was a resident in New York City for 40+ years. I left New
Second opinion] I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x