Legal/illegal use of Marijuana cards in California when it come's to RENTER'S.?

[forde]

Quick question:

First of I live in California and I have a property that I just rented out and not two days after the renter’s moved in, I smelled marijuana coming from their direction. I asked them if they smoked and they admitted to me that in fact they do and that they also have marijuana cards which make it LEGAL to poses. I wanted to know what I could do about this.

My first reaction is to have them look for another place, but I want to do it the LEGAL way. I took a look at the rental contract, but nowhere on there does it state NOT to do any ILLEGAL drugs. If by law I can’t kick them out, I wanted to ask them to not to do it while at the property, but then again, they are paying rent.

Any ideas on how I should handle this issue?

[ring]

You do not have to state on the lease that people are not allowed to engage in illegal activity. That's just assumed. Does it say anywhere in the lease that they are not allowed to smoke? If not, you may want to add that in the future as smoke damages the paint and leaves that lingering smell. If you can smell the marijuana outside of the apartment in public areas and other apartments, than that should be enough for an eviction.

[lazaro94]

It is still illegal under federal law. If they are growing their own pot, which may be legal under California law, they could be busted by the feds for growing. In some cases, the feds can use the seizure laws and seize the property. Since it will be your property you run a risk if they are growing.

I would suggest you find out exactly what the federal laws say and go from there. You could perhaps solve the whole problem by becoming a federal witness and reporting them. The feds would come, arrest them, take their pot plants and you would be looking for new renters.

[jorel]

It depends what you want to do. Do you want them out, or do you just want them to stop smoking?

If it is the latter, I would send them a formal, registered letter. Explain to them how marijuana is illegal under Federal law, and they are thus in violation of their lease. The lease does not to explicitly state a prohibition on illegal use, although you should modify it to do so in the future. They ARE in violation, you can void the lease.

If you wish to try to retain them as tenants, give them some time to comply with the law. If you don't want to bother (it is probably pointless), then simply notify them that they are in violation, and you are hereby giving them notice to vacate