Medical Grower needs legal advice

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Dr.pRODigy420

Member
My land lord came storming through our Colorado home over spring break claiming all the tenants had left for the week and he needed to tend to the house. He gave absolutely no warning. He immediately saw the hoses running from the bathroom leading to the reverse osmosis filter, which was dripping into the 55 gallon reservoir with hoses leading to a 12 plant ebb and grow hydro flowering room. He immediately started ripping up my girls. He made me clear it all out and said he wasn't going to call the cops. Then he discovered the veg clone and drying rooms and realized we had a full scale operation. He flipped out ripped it all down and is having the cops come by later today to arrest me if I'm on his property. Not to mention keeping an entire months rent and my deposit he said for damages done by the grow.

My question is can he legally cut down all my medicine ruining thousands of dollars worth of my legal goods, keep all my money, and kick me out with a 24 hour notice? I am completely covered by Colorado's amendment 20. I have ten patients which gives me rites to sixty plants. I had 12 flowering 12 in veg, 2 mothers, and 12 fresh clones. So I was way under the legal limit.

Can I take him to court and try and get some money for my legal commodities that he has ruined. Furthermore, could I get more money for evicting me and keeping aprils rent whenen I haven't violated state law whatsoever?
 
Gastanker

Gastanker

Well-Known Member
He has no right to enter your property without notice unless otherwise stated in your lease. And he definately does not have the right to tear up your plants. All he has the legal right to do is call the cops if he thinks something illegal is going on.

If i were you I would call the cops myself and have a report written up ASAP. I've called the cops on my own grow before and they were extremely helpful. What your landlord has done and is doing is extremely illegal. I would also suggest calling your city for information. Every place I have ever lived had resources for tennant rights - very helpful.

You don't have to vacate the house either... He has to get you legally evicted and unless he had something written into your lease regarding medical marijuana he most likely has no grounds to evict you. I myself signed a 14 month lease - if my landlord find out I'm growing and decides to kick me out for it I'de laugh really loudly at her.
 
Gastanker

Gastanker

Well-Known Member
Here is what colorado state law says: http://www.dola.state.co.us/cdh/researchers/documents/Advances/tenant-l.htm

Trespass by Landlord - The tenant has the right to peaceful enjoyment of the property, but this right can be modified by the lease. Unless the lease provides otherwise, the landlord does not have a right to enter the property without permission of the tenant except to demand payment of rent or to make emergency repairs. A tenant can sue a landlord for violating the tenant's rights.
Lockout by Landlord - Under most circumstances, a landlord should not "lockout" a tenant for any reason without a court order. The landlord may be held responsible for interfering with the tenant's right to "peaceful possession" until a legal court eviction. A landlord who illegally locks out a tenant risks being sued for damages.
Eviction - The only way a landlord can legally evict a tenant is by going through the legal eviction process. A landlord may evict a tenant for the following 3 reasons: 1) Failure to pay rent on time. The landlord must first give the tenant a written notice* demanding that the tenant either pay the rent or move out within 3 days. If the tenant fails to pay or move, the landlord may on the 4th day commence an eviction proceeding in county court. The tenant may contest the eviction if the tenant thinks there are legal grounds by filing an answer on or before the time set by the court. If the tenant fails to answer or appear on the date indicated in the eviction papers, the tenant will then have 48 hours to vacate or be forcibly removed by the sheriff's department. 2) Breaking any terms of the lease. If the tenant breaks any of the written or oral terms (remember, oral terms are hard to prove in court) of the lease, the tenant may be evicted in much of the same manner as nonpayment of rent. In such cases, the landlord must give the tenant written notice of the lease violation and 3 days to remedy the situation or move. If the tenant fails to comply or move, the landlord on the 4th day may commence eviction proceedings in county court. 3) No reason. If the landlord wants to evict a tenant at the end of the lease period, the landlord can do so without giving a reason, but the landlord must give the tenant proper notice to leave. Notice to vacate must be served upon the tenant in a specified number of days before the end of the rental period. The length of the lease period is determined within the lease. If the lease does not state the rental term or a written lease does not exist, the rental period is determined by the frequency of rental payments. For example, if the rent is due each month, it is a month-to-month tenancy or lease. Notice to vacate requirements for rental lease periods are as follows:
  • 1 year or longer - 3 months,
  • 6 months to 1 year - 1 month,
  • 1 month to 6 months - 10 days,
  • 1 week to 1 month - 3 days, and
  • less than 1 week - 1 day.
If the tenant fails to leave, the landlord, again, must follow the procedures set forth above.
 
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Dr.pRODigy420

Member
I'm going to contact the police once all my grow shit is out we have been slaving away taking the grow rooms apart. I don't want the. Cops seeing seven thousand Watt lights and truck loads of grow equipment. Thanks for the info
 
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Dr.pRODigy420

Member
O yeah I forgot we have a dog which violates our lease he has let it slide for so long I forgot we can't have her. This Guy sucks I'm definitely taking his bitch ass to court I got four pounds drying out and another grow house lined up so I'll definitely have the money to Sue the shit out of him
Now I just need an mmj friendly lawyer. Any advice on how to find one?
 
meowmix

meowmix

Active Member
Was this a management company or an individual landlord? Also if this was in the Springs, can you PM me the guys name, or at least the guys first name/and/or a description so I can avoid this.

Renting a house in the springs later this yr.
 
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NoDrama

Well-Known Member
This behavior by your landlord would make any lawyer drool at the ease with which you will win your case, Might wanna start calling around for one right now and start asking questions.
 
meowmix

meowmix

Active Member
I agree, if the guy has a brain at all though, and is a total dick, he can still cause problems for you. Im sure there is some DEA(federal) hotline people can call and rat you out on.

NoDrama said:
This behavior by your landlord would make any lawyer drool at the ease with which you will win your case, Might wanna start calling around for one right now and start asking questions.
Click to expand...
 
FlyLikeAnEagle

FlyLikeAnEagle

Well-Known Member
Dr.pRODigy420 said:
O yeah I forgot we have a dog which violates our lease he has let it slide for so long I forgot we can't have her. This Guy sucks I'm definitely taking his bitch ass to court I got four pounds drying out and another grow house lined up so I'll definitely have the money to Sue the shit out of him
Now I just need an mmj friendly lawyer. Any advice on how to find one?
Click to expand...

You've got 4 lbs drying with 10 patients? How do you figure you're under your legal limit?
 
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gloomysmokes707

Active Member
this happened to Ed Forchion aka NJweedman and the police found the landlord in the wrong and actually arrested the landlord. Google it my friend and i hope all works out well for you. Sorry about your girls.
 
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Dr.pRODigy420

Member
I grew the legal ammount of plants
Two of my patients have cards that allow them to sign over one hundred plants. Mu herb drying out is the product that results from my legal plants. His name is Mike Stengel and he is in boulder
 
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Dr.pRODigy420

Member
Thanks everyone for your concerns my lawyer has been contacted and is very intetestedin my case, but there are so many things in the lease that really do say I can't do that shit in the house. My lawyer also thinks it would be better to just peacefully leave so we don't risk blowing my new grow house. The new spot is my only current address so it would just be sketchy to be in a mmj case with a new one hundred plant grow op set up it would just give the feds an excuse to walk into my new place. My landlord did take pictures and I don't want the death to see that many plants.
 
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