MellowFarmer
Well-Known Member
Seriously a lot of folks have no idea of their rights and they are kept a secret by the landlords for a reason!
fucked up news!!!
- Thread starter randy954
- Start date
Ok well in the lease agreement he said no growing mj (i believe) i do plan on moving afrer harvest but i was hoping to atleast get my deposit back. Also the growers card is in my brothers name who doesnt live with me. Well you guys talked me out of the indoor route but i still need to transplant them into pots. I atleast need them to be mobile so i can maybe move them to a secret location if i need to. Im gonna try the stalling plan for awhile but i dont know how long thats gonna work lol
MellowFarmer
Well-Known Member
Ok, I understand you are stressing -I understand so learn from my pain please? Mine was pigs and I was supposed to be home confined for a month with my girls but the cunt threatened me and I got scared and dug them up hoping to salvage them and maybe if I could have left to tend to them idk .... but I also have had my share of landlord battles and am quite fluent in Cali law-
First, I cannot imagine your deposit is worth more than your girls even monetarily so screw the deposit plus you may get free rent to compensate.
how much time did he give and what happens if you don't obey?
don't you have a copy of your lease? if no, tell him that you don't see it on yours and have him point it out but I think you'd remember that is fairly specific most leases are hella generic
month to month? how long? over a year then you get more rights but less than you're still chill
go tomorrow and get your own prescription and hang both of them up but that is not the issue at all- don't let him on the property is a big thing to follow so he won't see the specifics on the posted recommendations
post recommendations everywhere!
I'll go find this handy site for CA renters while you answer that lol it will be ok
First, I cannot imagine your deposit is worth more than your girls even monetarily so screw the deposit plus you may get free rent to compensate.
how much time did he give and what happens if you don't obey?
don't you have a copy of your lease? if no, tell him that you don't see it on yours and have him point it out but I think you'd remember that is fairly specific most leases are hella generic
month to month? how long? over a year then you get more rights but less than you're still chill
go tomorrow and get your own prescription and hang both of them up but that is not the issue at all- don't let him on the property is a big thing to follow so he won't see the specifics on the posted recommendations
post recommendations everywhere!
I'll go find this handy site for CA renters while you answer that lol it will be ok
MellowFarmer
Well-Known Member
Ok, read all of these because any of them are cause for you to file a grievance and then he cannot retaliate by evicting you for 6 months so long as you pay your rent on time:
A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.140
Operable dead bolt locks on the main entry doors of rental units, and operable locking or security devices on windows.141
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.142
A locking mail box for each unit. The mail box must be consistent with the United States Postal Service standards for apartment housing mail boxes.143
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).144
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.140
Operable dead bolt locks on the main entry doors of rental units, and operable locking or security devices on windows.141
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.142
A locking mail box for each unit. The mail box must be consistent with the United States Postal Service standards for apartment housing mail boxes.143
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).144
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
MellowFarmer
Well-Known Member
A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139
Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
MellowFarmer
Well-Known Member
I have to go right now are you still with me? these are your rights and don't worry he has to give you a month before getting a court to give you 5 days that you can fight and extend-
http://www.caltenantlaw.com/index.htmm/index.htm
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not clear, here, and the above is the best interpretation of what the law probably is.
http://www.caltenantlaw.com/index.htmm/index.htm
Civil Code 1954
Under Civil Code 1954 [see below], the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM]
(C) 24 hours is presumed to be sufficient notice
(D) You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
(D) The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not clear, here, and the above is the best interpretation of what the law probably is.
1sttimeguy
Well-Known Member
It's called trespassing. I don't know about US laws but in Canada (which has a fairly similar set of laws) there is a "right to access" clause. Landlords require 24 hrs written notice to access the property. Landlords do NOT have the right to remove or destroy anything that is the personal property of the tenant. Really, the landlord forfiets his right to access as soon as he accepts compensation (rent) from the leasee.
*EDIT* : Additionally you should obtain a signed copy of your lease agreement and read it. (remember a legal document is only legal if it is signed by both parties and witnessed).
ru4r34l
Well-Known Member
If it is stated previously in an agreement like a "rental contract", or it can be amended to a previous contract as long as it is signed by both parties. Most competent landlord's will not use a generic rental form and group all forbidden activities together.
I'm sure you would have remembered if the landlord verbally or in writing said "YOU CANNOT GROW MJ", so I think your not telling the whole truth; also the card is in your brother's name and he is not on the rental agreement or lease...YOUR DONE...your landlord can have you arrested tomorrow if he knew that..follow his rules now and get your brother to find a new grow space.
regards,
FresnoFarmer
Well-Known Member
landlord+cops=unbeatable duo
MellowFarmer
Well-Known Member
He is not allowed to step foot on your property, and that wasn't a typo, while you pay rent it is yours don't let him on unless it is legit with 24 hr notice and if he tries to murder your girls I would murder him!
MellowFarmer
Well-Known Member
I respectfully ask you go read the law again, renter's have a lot of rights it isn't their property they just spout it so often even they have started believing it!
MellowFarmer
Well-Known Member
That Bullshit and you fucking know it!
MellowFarmer
Well-Known Member
Fucking ignorant haters go hate on a pig forum
I'm so sick of dumb asses spreading false information this is the crap that should get a person banned!
missnu
Well-Known Member
Well oddly enough all the landlord tenant laws are in place to protect the tenant from the landlord...so it is really hard and expensive for a landlord to legally do anything at all...When the landlord just stops by, you don't have to let them in...and legally they have to give you a 24 hr notice...and no matter how mad they get at you even if they tell you to get out, you don't have to..and they can't make you..until they have followed the law to a perfect T, and filed all the necessary papers. One of my friends is going through an eviction right now...Hell her's is even because they can't pay, and if you don't have enough to pay your rent then you don't really have enough money to move...anyway We advised her to ride it out...and the landlord filed the paperwork wrong the first time, so he had to start the whole thing over...it is terribly unfair favoring the tenant hardcore...I wish I had looked through all the laws back when I was renting...because there were a lot of things I could have not had to deal with, if only I had known the laws...lol.
FresnoFarmer
Well-Known Member
......fail......*cop and landlord walk in* *cop pulls out nightstick "stop restisting! Mother fucker I said stop resisting" and beats you till you cry* *walks into grow room(or back yard) with machete and hacks your ladies to pieces*........*takes you to jail for Resisting Arrest and Assault on a Peace Officer* *other cop present is the witness*.................*your fucked*
FresnoFarmer
Well-Known Member
Everybody is speaking of these legalities.......since when did the police and landlords start following rules??......they are best friends and will get you if they can
missnu
Well-Known Member
The laws are pretty crazy though...I mean if I was a landlord I would feel entitled to do a few things that the law says you can't...but all my life I just thought they could...so I let them...but really by law the landlord can't do a whole hell of a lot without it taking a month...and that is if it goes to court immediately..in my area there isn't a lot of crime...so nothing seems to have to wait too long...but I have heard other stories of great waiting times for court appearances from more populated areas.
