Food and Drug Administration (FDA) Disclosure:

The statements in this forum have not been evaluated by the Food and Drug Administration and are generated by non-professional writers. Any products described are not intended to diagnose, treat, cure, or prevent any disease.

Website Disclosure:

This forum contains general information about diet, health and nutrition. The information is not advice and is not a substitute for advice from a healthcare professional.

MMJ and Housing Question: Landlord Wants Me Out For Having A Card

Discussion in 'Medical Marijuana Usage and Applications' started by Typewritermonky, Sep 10, 2012.

  1. #1 Typewritermonky, Sep 10, 2012
    Hey everyone, I haven't posted in awhile but used to be a very active member.

    I just moved into a new house in Washington, and after speaking with my landlord about marijuana in the house and me having my state medical marijuana card, he contacted one of my housemates who is usually in contact with him about me "stopping smoking and having it around the house or try and find a new roommate". I spoke to him and said I understood if there was no smoking in the house and would respect the rules before he contacted my housemate, and the way it looks is that he isn't going to tolerate it even if I'm just having it in and around the house, and not smoking inside.

    Is there any law that prevents him from trying to kick me out or kicking me out for having my MMJ card and keeping marijuana and paraphernalia around the house? I know my friends in California have spoken to there specific landlord about it and he said that it falls under the housing discrimination act, but is that statewide and included in the state bill alongside the federal bill, or is that applicable in all medical states where having a MMJ card qualifies as a medication and condition helper (would it count as a disability if it's for IBS and GI tract problems?)

    Thanks so much for the help anyone, very stressed about creating conflict with a landlord over something that shouldn't be.
     
  2. #2 Kronny, Sep 10, 2012
    In Cali most places will tell right in the ad if they are 215 OK or not...

    Here in WA there is so much propaganda about it its sickening, they have every landlord thinking that if someone grows in your rental house its going to ruin it.

    I guess what I'm sayin is if they don't ask don't rat yourself out...
     
  3. #3 WildWill, Sep 10, 2012
    Yeah, I'm not clear on the laws in WA state, but I can tell you in CA you can be evicted if your lease states stuff specifically about "illegal drugs" - and most do. Your friends were incorrect, in CA there is nothing protecting a qualified patient from discrimination in employment and housing.
     
  4. #4 Typewritermonky, Sep 10, 2012
    Last edited by a moderator: Sep 10, 2012
    My lease doesn't specifically say anything about "illegal drugs", or "illegal" things in general.

    There was a smaller "Rental Rules" agreement I signed that my landlord drafted up that says "Tenant shall not use the property for any illegal purpose," but since I have my Medical Marijuana Card that allows me to LEGALLY possess marijuana and paraphernalia, does that mean it's still an illegal purpose?

    The advertisement, lease, and meetings with the landlord never once mentioned that it was not MMJ approved (MMJ bill in WA) not approved or anything of the sorts.

    This has all arisen because out of nowhere my landlord showed up demanding to be let in to get things out of the basement without giving any of us any notice and found me medicating in my room while doing yoga, and doesn't really care he violated the lease agreement too, and the doors were locked...

    Thanks for all the help!
     
  5. #5 Sgtstadanko707, Sep 10, 2012
    [quote name='"Typewritermonky"']

    My lease doesn't specifically say anything about "illegal drugs", or "illegal" things in general.

    There was a smaller "Rental Rules" agreement I signed that my landlord drafted up that says "Tenant shall not use the property for any illegal purpose," but since I have my Medical Marijuana Card that allows me to LEGALLY possess marijuana and paraphernalia, does that mean it's still an illegal purpose?

    The advertisement, lease, and meetings with the landlord never once mentioned that it was not MMJ approved (MMJ bill in WA) not approved or anything of the sorts.

    This has all arisen because out of nowhere my landlord showed up demanding to be let in to get things out of the basement without giving any of us any notice and found me medicating in my room while doing yoga, and doesn't really care he violated the lease agreement too, and the doors were locked...

    Thanks for all the help![/quote]

    Well If that is the case u better get a Lawyer. They must give 24 hrs before entering.
     
  6. #6 Typewritermonky, Sep 10, 2012

    My lease says 48 hours even!

    That's why this is so frustrating; technically in his eyes I've (and my house by extent) violated the lease, whereas he violated the lease in the first place, and it wasn't the first time he's let himself in without giving any notice at all, this was the fourth time. We've now talked to him about this, and he thinks we only request he follows the lease and gives us 48 hrs notice so we (I) can continue to break it by smoking only whenever he's not around.

    To him, he still sees me as in the wrong, and him in the power position of being able to kick me out if he sees necessary. I really want to avoid conflict by pointing out to him that he violated the lease just as much as I did (if not more), even if it's a technical violation for something I legitimately use to treat a spastic colon and other GI conditions. Because I go to school and finding a new house is very time consuming and not something I'm prepared to do again since I just got a job 2 blocks away from where I live, this is something incredibly serious in my life.

    I want to just sit down and talk to him about it to figure it all out, but I can't really leave the place I'm at if he won't budge his position.

    So I read in the Washington MMJ bill that "The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property," but this makes it to seem that if I owned the house it wouldn't be a problem, but since I'm renting it I have no legal references or discourse.

    Fuck, this makes life so much harder.
     
  7. #7 blowinStr8Kill, Sep 10, 2012
    Take that shit to the supreme court
     
  8. #8 Cannabisqt, Sep 11, 2012
    Last edited by a moderator: Sep 11, 2012
    It must specifically say in your lease that you may not have MEDICAL MARIJUANA or may not smoke MEDICAL MARIJUANA in the rental. If it does not say anything about MEDICAL MARIJUANA then your landlord is a total noob and should figure out how to write a better lease agreement. Until your lease is up you are safe. In the future unless it states NO MEDICAL MARIJUANA in the lease I would keep this kind of information private. It is none of their business.
     
  9. #9 smokeNtoke99, Sep 11, 2012
    I live in wa, my lease says no growing but I can gave the legal dry amount in the house I live in. I believe the wa law says you can't be kicked out of rental housing for mmj.

    Google around man you'll find something
     
  10. #10 Tanhands, Sep 12, 2012

    Maybe in your country but not here. The State laws don't really matter because all he has to do is call the ATF who will follow Federal Laws not State.

    I own rentals in AZ. All of my leases state that any illegal activities are grounds for breaking the lease. The property owner will decide what he wants to enforce about that though. I don't mind if my tenants smoke but no Meth. Both are Illegal but I can close my eyes to one. Your landlord doesn't sound like he wants to close his eyes. But who cares. I am going to post a link to the Washington State rental laws. You go to school so this is just another thing to study. Read it and find the codes he has violated. Point out to him that you are ready to go to the State about his trespassing but have the code numbers ready to show him that he can get in trouble. Just saying it means nothing. A landlord can not enter a property with out written notice, calling you doesn't count because he has no proof you were informed. Read up on this and be ready next time he shows up. Make sure you have copies of all your rent stubs and the agreement. In most states it doesn't matter what the Landlord writes on a paper, the State has a set of laws that apply no matter what. Most renters don't realize that just because you don't have a lease, the first time you paid rent you entered a lease agreement that gives both sides protections from the other.

    Good Luck.
    Chapter 59.18 RCW: Residential landlord-tenant act
     
  11. #11 Berry, Sep 12, 2012
    I live in Colorado and my lease mentioned "No state or federal illegal activities", I just didn't mention my intention to get a MMJ card because I figure if I'm just going to be vaping occasionally, and my neighbors are cool with it then what he doesn't know won't hurt him. He seems like a pretty chill guy though so I don't think he would care anyway.
     
  12. #12 chri3715, Sep 13, 2012
    I say its discrimination and a medical concern that pertains to you only and you. You wouldn't ask him for permission to take any other persceription written for you by your doctor. You have right to medicate, you pay rent on time and are not endgaring yourself roomates and neighbors (ie. no drug dealing). Basically your roommate should vouch for you, obviously read state housing law like op above recommended and next time he calls or comes confront him and let him no you mean business with knowledge and show youre responsible by being able to articulate and make an argument for yourself!
     
  13. #13 WaGreenGuru, Sep 13, 2012
    I dont want to be the bearer of bad news or anything. But im a mmj patient in washington. Your landlord is the only one that can kick you out for it.. The cops cant do anything but the landlord is the one with the power being the property owner. Now if he did start the eviction process that shit takes a long time! I been watching worlds worst tenants. Lols But yea he is the one with the power.

    Sorry man

    WGG
     
  14. #14 chri3715, Sep 13, 2012
    to the no smoking think make edibles if thats feasible?
     
  15. #15 USSChallenger, Sep 13, 2012
    Afaik the only protection via rcw 69.51A is that of state funded low income housing. A private landlord has every right to not allow mmj on the premises, much in the same way they can specify no cats/dogs/smoking etc. Also, this law does not give you the legal right to posses marijuana, only an affirmative defense to the patient after arrest (fucking joke right?) So you are in fact violating your lease agreement of no illegal drugs. Unfortunate to say the least, but next time you rent somewhere just don't say a word, that's your best option.
     
  16. #16 WildWill, Sep 17, 2012
    Um...hate to break it to you guys, but MMJ patients have ZERO protections against housing discrimination unless they're built into the MMJ laws in the first place.

    The addendum to the lease agreement that you signed IS binding against MMJ. You're SOL
     

Share This Page