Legal Question in Landlord & Tenant Law in California
Tenant has pot plants
I see that my tenant is growing about 40 one inch tall marijuana plants in pots in his yard - I plan on giving him a 30 day notice to move - is there anything else I should do to protect myself ? This is a cottage on private property that I rent and I don't want this on my property.
2 Answers from Attorneys
Re: Tenant has pot plants
Good morning,
You might want to call the police, but I will leave that decision up to you. Since I have not met your tenant and had no chance to assess his character, I recommend that you avoid any direct confrontation because someone growing 30 pot plants might potentially be dangerous or connected with people who are (not likely, but possible). Serve a conditional notice to get rid of the pot or move out along with an unconditional notice to move out even if he dumps the pot. Information about doing this is available in the California Civil Code and Code of Civil Procedure. (Note, the notice period for the unconditional notice depends on the duration of the tenancy.) If the tenant doesn't comply with either notice, file an unlawful detainer (eviction) action when the notice period ends. Be sure you carefully follow all procedures. The court will not tolerate any procedural errors because an unlawful detainer action is a summary process affecting serious legal rights. Also, make sure that there is no pot left on the premises because you do not want the police arresting you for growing a pot field.
Sorry I could not give you more detail here, but I would be happy to help you with the process if you want and my rates are reasonable.
Best of luck!!!
Russ Martin
(415)364-1604
Re: Tenant has pot plants
You should give them a 3-day notice to quit the illegal activity activity or move.
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