Leasing an apartment....ok to grow?

So I recently moved from a house to an apartment. Im now leasing an apartment in monterey county and was wondering if it would be ok to set up the old grow tent. I would hate to be kicked out mid grow if the landlord became aware and saw it as a problem. It says "no indoor growing of any plants" on the lease but the neighbor lady has tons of indoor house plants and he is ok with that.

It's a small 4x4 tent with LED lights, quiet fans and charcoal filters. I miss watching them grow, and taking care of them. There is no smoke like smoke you grew yourself. I belive it's very therapeutic and medicinal in more than just one way.

Anyone ever grow your own medical cannabis in your apartment? Did the landlord find out? Is it ok If it's for medicinal use? If my neighbor lady has the right to grow her house plants indoors, do I have the right to grow my medicinal plants indoors?

Idk, what do you guys think?

Depends on what you're willing to risk.

Me personally------if against the law----no way in an apartment.

If legal and only risk losing apartment-----yes.

A~~~

willienelson1stgrow said:

So I recently moved from a house to an apartment. Im now leasing an apartment in monterey county and was wondering if it would be ok to set up the old grow tent. I would hate to be kicked out mid grow if the landlord became aware and saw it as a problem. It says "no indoor growing of any plants" on the lease but the neighbor lady has tons of indoor house plants and he is ok with that.

It's a small 4x4 tent with LED lights, quiet fans and charcoal filters. I miss watching them grow, and taking care of them. There is no smoke like smoke you grew yourself. I belive it's very therapeutic and medicinal in more than just one way.

Anyone ever grow your own medical cannabis in your apartment? Did the landlord find out? Is it ok If it's for medicinal use? If my neighbor lady has the right to grow her house plants indoors, do I have the right to grow my medicinal plants indoors?

Idk, what do you guys think?

Click to expand...

It says in YOUR lease that they do not allow indoor growing. There you have your answer. Your landlord may have a different agreement than you do so you can't use the "well you do it too sooooo...." approach. Just because it's "medical" doesn't mean that you can still grow it. Your lease will always be ammo if there is a problem whether it's in your favor or not.

Found this article on the city website. Has some odd wording, but to me it sounds like the city says it's ok as long as I have the doctors recommendation. Personal grows with no more than 20 plants, 10 mature are ok so long as the patient resides on the property they rent or own.

Then it has some wording, that to my understanding protects medical marijuana patients from landlords that attempt to prohibit or limit marijuana cultivation by its tenants.

I'll attach the file so you guys can see the whole wording. Please correct me if I'm wrong, it's a bit difficult for me to understand.

Couldn't attach the file. Here is what it says about landlords, " Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants."

Ask your landlord.

preclude |prəˈklo͞od|
verb [ with obj. ]
prevent from happening; make impossible: (i.e; to make impossible that nothing in the chapter keeps the landlord from prohibiting mj.)

If it specifically says "no indoor growing" in your lease that tells me three things.

1) The landlord is hip to renters growing weed and doesn't want it in the apartment.
2) Because it's in the lease you can bet that the landlord will be checking periodically to make sure that renters are not growing weed.
3) By stating "no indoor growing of any plants" we all know what the landlord is really getting at here. This isn't really about houseplants.

Regardless of what the law says, if you violate the terms of the lease agreement the landlord can kick you out and use Federal law as an excuse. This is why it sucks to be a renter and also why you should avoid apartments if you are in a situation where you are forced to rent. Landlords of apartment buildings are particularly skittish because there is more liability due to a lot of people living near one another. Apartments are not good places to grow, period. I would try to get out of there ASAP if you want to keep growing.

If the owner of the flat is laid back, say you can keep some for him!

Works sometimes. Worth a try.

You already know the answer is no, you are just looking for justifications/a defense.

There is no protection for marijuana growers. My county states that if my neighbor can in any way tell (see it or smell it mainly) that I am growing and chooses to complain my grow becomes illegal and I either make sure he can't or shut down.

The law all over California is clear, a lease agreement is a binding contract... there's nothing "illegal" about including a "no houseplant clause" or about him letting someone else do it but not you. There is no protection for marijuana growers (medical or otherwise) against these kinds of agreements. Heck, your California employer can fire you for smoking pot... even if it's all legal and you don't do it at work.... because there's no protection against it and it is totally legal.justified for him to do according to Federal regs.

In fact most local (county/city ordinances) included something to the effect of "Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants." Which in plain English means that none of the regulations that allow people to grow give them the right to grow anywhere, and that landlords DO have the right to put restrictions on growing. That is property owner's right. Just like businesses have the right to refuse service to anyone, for any (or no) reason. It might be discrimination, but good luck with that in court.

So yeah, I'd make sure your grow was super stealth, or keep another apartment handy for when you get booted out. Your landlord obviously doesn't want people growing pot in his building. I say obvious because I've never heard of a no house plant clause in any other case (plenty against water beds, pets and occasionally fish tanks), and because it's obviously not regular house plants he was concerned with when he put that in (see neighbor).

To be perfectly honest, I suggest you move. The odds of getting caught are high, and means a forfeiture of you deposit. It's also just not cool... the reason those rules are in place is because MORE THAN half the time people doing stuff like that fuck shit up (carpets, walls, MOLD). I am not going to assume you're one of the clean kids. I try to be and I still fuck shit up (many stains around my row space from spills... but it's cement so hah!). Just find somewhere where you can do it right and not be stressed about it.