Amending a lease to avoid weed smoking in CA - Landlord Forum thread 357347

Amending a lease to avoid weed smoking in CA by Sripad on May 14, 2018 @23:33

Hello,
I have a tenant who signed a lease about 8 months and I recently found out that he is growing marijuana plants in the backyard. He is within the legal limit (has 6 plants).

His lease is up for renewal later this year. I already have an anti-drug/anti-crime addendum but since marijuana is legal in CA, they are not in any violation.

My question is the following: can I add additional clause in my renewal lease agreement that explicitly prohibits smoking of weed, marijuana and hash? Is this something that the tenant can legally challenge stating that the clause was not there in the initial lease agreement?

So far the tenant has been very regular with rent and they keep the place clean and no issues so far.

Sripad

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Re: Amending a lease to avoid weed smoking in CA by NTT on May 14, 2018 @23:44	[ Reply ]

Just add a no smoking of any kind on the premises clause. That would cover all types of products.

Re: Amending a lease to avoid weed smoking in CA by Anonymous on May 15, 2018 @11:36	[ Reply ]

Thanks for bringing this issue to our attention. You don't say if he is smoking in the property or if you have a "no smoking" clause in the lease. I would be concerned about dealing in substances, rather than botanical explorations in the yard.

Re: Amending a lease to avoid weed smoking in CA

Re: Amending a lease to avoid weed smoking in CA by anon (CA) on May 20, 2018 @12:29	[ Reply ]

Regardless of the state law, smoking marijuana and growing marijuana is ILLEGAL per federal law. You should have a 'no smoking' lease that includes marijuana. Also you need a 'no illegal activities' lease that would ban the cultivation. A federal officer can enforce the law: marijuana is a Schedule I substance. Potentially the owner could be pulled into the morass of illegal drugs.