there no way i can afford to get a house where i live but if i wanted to move out of my parents house and get an apartment after i live there for a couple weeks is it sketchy to grow lik 15 plants in a tent in there. i have my medical card so i can legally grow where i live i just dont know if u can in an apartment. does anyone ever check on on the apartment to see how its doing?
is growing in an apartment sketchy
- Thread starter The Lorax
- Start date
doc111
Well-Known Member
If you are legal I wouldn't worry too much about it but yeah, it's sketchy growing in an apartment. Maintenance guys come and go as they please. Be careful.
SmokeyMcChokey
Well-Known Member
in my state its up to the owner of the building or the acting manager of the property. And yea when you sign the lease the maintanance clause is usually included saying that they must give you a certain amount of notice before they come in to your apt. Its mostly dependant on each location. i lived in my first apartment
for a year and a half and the maintanance neer once came in. They used to drop off the replacement air filters and leave them by the door. The only time they would go in your apt was if you requested repairs they left everything else up to you.
doitinthewoods
Well-Known Member
Yes, it's sketchy. I wouldn't advise it.
doc111
Well-Known Member
It depends on your lease agreement. Bottom line, if you don't own it you can't always stop people from coming in that you may not want there. I used to live in an apartment years ago and maintenance guys would come in unannounced all the time. Don't ever assume that people can't come into your apartment without notice or permission.
jordisgarden
Well-Known Member
i had some super skunk plants that stunk sooo bad you could smell em from 40 feet from my front door.....never been so paranoid in my life. thats why id never grow that many plants in an apt. your neighbors will smell it.....they fucking stink come flowering time....you are gonna need some serious odour control for 15 in an apartment....good luck
ImarriedMARY
Well-Known Member
only thing that would be wrong about this is switching the locks you can get evicted and your place will get searched by them you have to tell the apartment your changing your locks and then you'll have to make them a key
you don't want to get kicked out
but they should always give you 24 hours prior to visit it is in the contract (they can't just show up and go in when your not there and go through your stuff invasion of privacy)
joshsean
Member
I grow on the third floor in my bedroom. I have 18 plants, 9 each under a total of 2 1000 wAtt lamps. No problems yet. I have four 6" holes cut through the wall for venting into the closet and run all my power via 240 volt from a custom made extension cord.
My stake air is pushed through the Attic entrance( third floor) to the roof. I have a c.a.p. Ozone generator that constantly pumps ozone in the closet.
It's a very clean and discreet setup, I'll add pics when I can figure out how to do it off the iPhone
My stake air is pushed through the Attic entrance( third floor) to the roof. I have a c.a.p. Ozone generator that constantly pumps ozone in the closet.
It's a very clean and discreet setup, I'll add pics when I can figure out how to do it off the iPhone
laserbrn
Well-Known Member
I've always lived and grown in aparmtents. It is NOT illegal and you don't have any legal worries about it being discovered by maintenance. As long as you are legit, you're good in THAT regard. They can call local law enforcement, but they won't be able to do anything and will walk away.
They can kick you out though. You are conducting an "illegal activity" which most leases expressly forbid. Because it's still against federal law they have the right to terminate the lease agreement.
I personally have dogs. My complex knows I have dogs. Whenever they need to come for maintenance they call me and ask me to please lock my dogs in a bedroom (okay...growroom it is). So it works as my constant cover and I've never been discovered. Carbon filters, tents and discretion and you'll be just fine.
Here's where things really get shitty in an apartment though. In most states it is required that the complex does an annual fire sprinkler and detector inspection. If you don't know when that is, it can really fuck up your plans! I have been fortunate to live in the same complex multiple times so I know it's in May every year. I wish I knew EXACTLY when, but it's not the same date every year, they just have to have it done by a certain date that I'm guessing is June. So from the end of April until the inspection I don't grow, I tear it down and take my break.
So if you don't know when it is and you need to get going before finding out, you need to make sure you are equipped to handle a surprise like that. They give you 48 hours notice so it's not the end of the world, but you need to keep your shit ready to move at all times and have a good plan for that scenario.
If you have potted plants and your apartment has a garage you can use my plan. Rent a van, park it in the garage, fill the Van with all of your equipment and plants. Hook up an ozone generator in the garage to remove the odor in there while they look at the fire system. I've used this and it worked perfectly. They don't search the van, it's not even the management that comes in, it's always guys that work for the alarm company.
Remember to keep that in mind. The apartment complex would kick you out, these guys would tell someone who could rat on you, rob you, etc....
So yes it's sketchy, but no, not prohibitively. I found out about the fire inspection the hard way the first year but it lead to the develoopement of a good plan. Now if it happens for any reason I have a plan that will cost me $100 (van rental) and a few hours of my life to get in order.
They can kick you out though. You are conducting an "illegal activity" which most leases expressly forbid. Because it's still against federal law they have the right to terminate the lease agreement.
I personally have dogs. My complex knows I have dogs. Whenever they need to come for maintenance they call me and ask me to please lock my dogs in a bedroom (okay...growroom it is). So it works as my constant cover and I've never been discovered. Carbon filters, tents and discretion and you'll be just fine.
Here's where things really get shitty in an apartment though. In most states it is required that the complex does an annual fire sprinkler and detector inspection. If you don't know when that is, it can really fuck up your plans! I have been fortunate to live in the same complex multiple times so I know it's in May every year. I wish I knew EXACTLY when, but it's not the same date every year, they just have to have it done by a certain date that I'm guessing is June. So from the end of April until the inspection I don't grow, I tear it down and take my break.
So if you don't know when it is and you need to get going before finding out, you need to make sure you are equipped to handle a surprise like that. They give you 48 hours notice so it's not the end of the world, but you need to keep your shit ready to move at all times and have a good plan for that scenario.
If you have potted plants and your apartment has a garage you can use my plan. Rent a van, park it in the garage, fill the Van with all of your equipment and plants. Hook up an ozone generator in the garage to remove the odor in there while they look at the fire system. I've used this and it worked perfectly. They don't search the van, it's not even the management that comes in, it's always guys that work for the alarm company.
Remember to keep that in mind. The apartment complex would kick you out, these guys would tell someone who could rat on you, rob you, etc....
So yes it's sketchy, but no, not prohibitively. I found out about the fire inspection the hard way the first year but it lead to the develoopement of a good plan. Now if it happens for any reason I have a plan that will cost me $100 (van rental) and a few hours of my life to get in order.
oregon024
Active Member
being in an apt people will smell it.Being legal I would be strait up so you don't get evicted for legal growing.landlords don't care if it's legal.I called on many homes told them. none gave a shit.
laserbrn
Well-Known Member
That's generally right in houses, but not apartment complexes. You're better off NOT telling them. And I suggest that you don't.
Here's some info I found awhile back and saved. I DID NOT WRITE THIS, but found it a very good and well written answer to this very question.
I hate like heck to have to give you this
answer, because I believe strongly in Prop 215 and I don't think the
Feds have any business interfering in the State regulation of medical
treatment -- but your landlord is DEFINITELY at risk of forfeiting his
property, and as a result, has a legal right to forbid the cultivation
of cannabis on his property.
This is awful; it's wrong; but it's the state of the law right now.
Let me explain the details.
Federal law strictly forbids the cultivation of cannabis, whether for
sale, personal use, medical use, or whatever. It's forbidden by
Federal law, and that Federal law applies in California irrespective
of Prop 215. Federal law in this regard trumps State law -- and the
Supreme Court has recently upheld the Feds' right to do as they please
in this area.
Read the case of _Raich v. Gonzalez_ (2005) at
http://a257.g.akamaitech.net/7/257/2422/06jun20051130/www.supremecourtus.gov/opinions/04pdf/03-1454.pdf
and discussion at
http://www.canorml.org/news/raichdecision.htm
In _Raich_, two California medical marijuana patients sued after the
DEA raided their private homes and destroyed their medical cannabis.
There was no question that the two patients were in serious need of
cannabis; doctors testified that one of them was in such excruciating
pain without it that her life was in danger. DEA didn't care. The
Supreme Court held that the Federal law prohibiting cannabis
cultivation could be enforced in California, even in the face of Prop
215 expressly permitting it. So the Feds can still enforce ALL of the
Federal laws against cannabis cultivation, whether you have a State
permit or not.
One of those Federal laws allows the Feds to seize property that's
being used for cultivation. And yes -- the Feds have used it, and
seized property in California. More to your point, the Feds have
seized property that DID NOT BELONG to the cultivator, that belonged
to a landlord. The landlord LOST HIS PROPERTY because he allowed
medical cannabis to be grown.
"Another federal weapon against medical marijuana is property
forfeiture. Federal law allows the government to forfeit real estate
from owners or landlords who let it be used for marijuana distribution
or cultivation. The DEA successfully used forfeiture against the Los
Angeles Cannabis Resource Center in 2001. The LACRC's building was
actually owned by the city of West Hollywood, which had bought it as a
gift for the club. The government had no trouble taking possession of
it by means of forfeiture, effectively closing the LACRC. More
recently, the government invoked forfeiture to close the Capitol
Compassionate Care center in Roseville and to force a landlord to
evict another dispensary in West Hollywood. The DEA has threatened to
employ forfeiture more widely. So far, the chosen targets have mostly
been facilities that actively sought publicity through the media or
advertising. Dispensary operators are advised to operate discreetly
to avoid DEA attention."
http://www.canorml.org/prop/cbcbusinesstips.html
See http://www.canorml.org/news/DEAraidslepp&roseville.html for a
description of a few of these raids. Note that the article was
written before the Supreme Court decision in _Raich_, and expresses
hope that the Supremes would find in favor of the cannabis patients so
there would be no more raids. Well, we now know how that turned out
-- so you can expect the DEA to be even MORE aggressive since they
have the Supreme Court's blessing.
See:
http://www.unknownnews.org/040910marijuana.html
http://www.usdoj.gov/usao/can/press/html/2003_08_01_sasso.html
The Federal civil forfeiture statute is here:
http://www4.law.cornell.edu/uscode/html/uscode21/usc_sec_21_00000881----000-.html
It renders real property subject to forfeiture if it is "used, or
intended to be used" to commit any drug-related crime that is
punishable by more than a year in jail. Since Federal law makes
cultivation of cannabis a felony, punishable by 5 years to life
depending on amount, cultivation of cannabis is one of the acts that
renders real property subject to forfeiture.
There is such a thing as an "innocent owner" defense under the
forfeiture laws. But it would be the landlord's burden to prove, not
only that he himself was innocent, but also that he had either not
known about the cultivation, or that upon learning of the cultivation,
"did all that reasonably could be expected under the circumstances to
terminate such use of the property."
See:
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000983----000-.html
Since this cultivation could result in the landlord's property being
seized by the Feds, he has the right to prohibit it. I'm very, very
sorry to have to tell you this. It's wrong, wrong, wrong -- but it's
the state of the law right now.
Best wishes, and if there's any more help I can give (yeah, like this
was a helpful answer), please just ask for clarification.