Legal Question in Real Estate Law in California

I am an owner of a small apartment bldg. I have received complaints from tenants that a has been smoking marijuana at all hours of the day. I have a no drug statement that all my tenants received. I would like to send a 60 day notice to Vacate, but some police friends tell my that I may be sued if the tenant has a medical prescription for the MJ and I try to evict her. I have not been notified of the MJ prescription, nor have I approached the tenant. What can I do. I would want her out.

Asked on 7/09/13, 11:36 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
0 users found helpful
0 attorneys agreed

I would agree with your police friends that caution is advisable. If the activity in question were drug dealing, the decision to evict would be a lot more clear-cut. However, when the activity is only drug use, and the substance involved is only marijuana, the decision is not clear-cut at all. In addition, your question doesn't say whether the tenant in question has a longer-term unexpired lease, or whether she is month-to-month. Your best bet may be to take the lease or rental agreement to a local real-estate attorney, show him/her the "no drug statement," describe the tenant activity, and get an opinion based upon (a) the statement and (b) the tenant's rental status (long term vs. month-to-month).

Read more
Answered on 7/09/13, 12:16 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in California

Looking for something else?

Get Free Legal Advice

88393 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now