More details to this question:
I'm purchasing a duplex in Los Angeles and one of the current tenants is growing marijuana in the garage. It is my understanding they work at a marijuana dispensary and have licenses for personal use however I'm not sure what the legalities or my liability is if they are growing on a property that I now own. Is a license for personal use legal as far as allowing them to grow the plants? they have lights in the garage for the plants, what if this causes a fire? I'm concerned that as an owner of a property I need to make sure there is nothing illegal. I've tried to look up the laws online but there seem to be conflicting details that I don't really understand. Basically if I need to evict the tenants I would like to do so as soon as I take ownership but if this is not illegal then I'm not sure I have a basis for it. please advise.
1 ANSWER
Yes, growing marijuana in the garage is both a violation of the local Zoning Code and illegal under federal law. Therefore, it is grounds for eviction. You must give the tenant a thirty-day notice and an opportunity to cure by stopping the use.
Before you send the notice, even before you close escrow, take pictures of the entire house, every wall, floor and ceiling in every room. You want a good record of the physical condition of the house as of the day you bought it. As soon as you give the notice, you are at risk that the tenant might retaliate by damaging your property.
If you were to decide to let the tenant continue the growing, it would be reasonable for the tenant to pay the water and electricity bills. He is using a lot more than a normal tenant. You might want an electrician to check out the tenant's electrical system. It might be too big for the house's existing wiring and circuit breakers. That could create a serious fire hazard. If the tenant wants to continue the use and you are willing to allow it, then the tenant should pay you (in advance) to have your own electrician upgrade the electrical system as needed.
I have not heard of it happening recently, but there are still laws that allow the state and federal governments to confiscate any property used in the commission of a drug crime, including real property. Not likely, but you need to know.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Feb 03rd, 2016 at 4:48 PM