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daba
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Tenant found growing pot
#6387812 - 12/19/06 07:27 PM (17 years, 5 months ago) |
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Hi folks,
Long story short, my parents rent out part of their property for residential purposes, and one day they found some suspicious looking plants sitting outside while just cleaning up the lawn. It was confirmed when they entered the place and discovered an entire grow-op.
They are going to evict the tenant for sure (there are children around!), but what advice would you give as to how to do it? The tenant does not know that they found his pot plants nor does he know that they entered the building. He is a very nice person according to them and pays his bills on time, and they don't feel like calling the police and landing him in jail, but they also don't want to make a move that might haunt them in the future.
Basically, the options are:
1) Call the police. 2) Confront the tenant and let him know that they discovered pot around his premises, and that he needs to leave. 3) Confront the tenant and mention that they discovered something that violated his contract, and that he needs to leave. They don't mention that they found pot here. 4) Tell the tenant that they need to use the building for another purpose and must evict him. No violation of contract or pot mentioned here.
Also, should they take pictures of the plants should he become disagreeable and resort to calling the police?
Thank you! Please be unbiased and fair when offering a suggestion.
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demiu5
humans, lol


Registered: 08/18/05
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Loc: the popcorn stadium
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Re: Tenant found growing pot [Re: daba]
#6387863 - 12/19/06 07:42 PM (17 years, 5 months ago) |
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that is a very interesting situation, please let us know how it ends
sorry I have no advice for you, but it wouldn't be worth anything if I did
-------------------- channel your inner Larry David
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qwertymkonji
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Re: Tenant found growing pot [Re: daba]
#6387875 - 12/19/06 07:44 PM (17 years, 5 months ago) |
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1) Call the police... No.
2) Confront the tenant and let him know that they discovered pot around his premises, and that he needs to leave... Yes. They were OUTSIDE. Why not, it's not like they were snooping around. What is he gonna do, complain or call the cops? They should take pictures for proof in case he tries to hide them, though, and say that they can't kick him out.
3) Confront the tenant and mention that they discovered something that violated his contract, and that he needs to leave. They don't mention that they found pot here.... Legally they have to give reason why they are evicting him. You can't just evict somebody for some vague unspecified reason.
4) Tell the tenant that they need to use the building for another purpose and must evict him. No violation of contract or pot mentioned here. No.........
#2 is the obvious choice, my friend.
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Koala Koolio
TTAGGGTTAGGGTTAGGGTTAGGG

Registered: 01/07/04
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Re: Tenant found growing pot [Re: qwertymkonji]
#6388005 - 12/19/06 08:18 PM (17 years, 5 months ago) |
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2 with the pictures sounds good to me.
3 is basically the same thing, without admitting that they witnessed a grow op and didn't call the police. If this is done, certainly have the pictures taken.
-------------------- You're not like the others. You like the same things I do. Wax paper, boiled football leather... dog breath. We're not hitch-hiking anymore, we're riding!
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rod
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Re: Tenant found growing pot [Re: daba]
#6388021 - 12/19/06 08:22 PM (17 years, 5 months ago) |
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a weird situation for your parents. but I,ll say 2, or 3 with some pics.
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Schwip
Never sleeps.


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Re: Tenant found growing pot [Re: daba]
#6388060 - 12/19/06 08:31 PM (17 years, 5 months ago) |
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Seem like a serious commercial operation or just a big hobby set up?
Either way, tough call.
Is your state medical tolerant? Could that be this tenants case?
Either way, the least stressful thing to do would be evict him in a way both the landlord and tenant could still save face.
So, I vote option 4.
I would give him advance warning, he has so long to leave...if he gets an attitude, then maybe drop a hint or straight up tell him about the plants.
-------------------- -------------------------------- " If the sky were to suddenly open up there would be no law. There would be no rule. There would only be you and your memories... the choices you've made, and the people you've touched. If this world were to end there would only be you and him and no-one else. " .............. "MAN! You know there aint no such thing as left over crack!"
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daba
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Re: Tenant found growing pot [Re: Schwip]
#6388068 - 12/19/06 08:33 PM (17 years, 5 months ago) |
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Hello everybody and thank you for the replies so far.
Schwip: It's Southern California, and no I don't think medical pot would be a reasonable excuse since he should have openly declared it in the first place.
Either way, the police shouldn't get involved since I just remembered that they live about 1/2 a mile away from an elementary school; one of those "Drug-Free" zones.
Anyways, I think I'll do two with pictures, brood over it tonight and give the recommendation tomorrow.
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OJK
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Re: Tenant found growing pot [Re: daba]
#6388069 - 12/19/06 08:33 PM (17 years, 5 months ago) |
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My respect to your parents for handling the situation so level-headedly so far. They sound like good people.
I am not a lawyer, of course, but assuming that no-one else knows that your parents know about the grow op, I would imagine the safest thing to do, in terms of plausible deniability for your parents, would be to request the tenant to leave in such a way as to make clear the reasons are strong and in the tenants interests (so as the tenant doesn't make a fuss, which might end up with him getting busted [bad for him] or someone realising your parents didn't call in the find [potentially bad for them]), but also with no concrete evidence that your parents ever knew.
I would suggest that your parents have a quiet chat with the tenant in a private environment and let him know what they know, but make clear that if he leaves quietly within a certain period, they won't do anything. I would suggest against any kind of permanent record (such as writing him a letter).
Therefor, I'd recommend #2, although I wouldn't use the word "confront", as that implies a level of hostility I think would be a bad idea.
However, I would respectfull recommend against qwertymkonji's suggestion that your parents:
> should take pictures for proof in case he tries to hide them, though, and say > that they can't kick him out.
Such pictures would be relatively reliable proof that your parents knew about the op and didn't report it, something I imagine they wouldn't want.
I think that a quiet chat, making clear there's no intention to involve the police and that it's best all round if the tenant finds somewhere else to live is the best option.
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wilshire
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Re: Tenant found growing pot [Re: daba]
#6388550 - 12/19/06 10:30 PM (17 years, 5 months ago) |
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i'm glad that they do not want to get the police involved, but make no mistake about the fact that by not immediately calling police, they are complicating things. technically they are commiting a crime by allowing marijuana to be grown on their property, even if very briefly.
the most important thing for their safety is that there be nothing showing that they knew about the grow and failed to inform police. i think their best option is to have an honest, private discussion with the tenent explaining their position and their concerns. depending on how that discussion goes, they can choose to either call the cops or let him move out on his own.
i have a feeling any rational person would tear his plants down in a minute and high tail it out of there without looking back.
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S33D
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Re: Tenant found growing pot [Re: wilshire]
#6388665 - 12/19/06 11:25 PM (17 years, 5 months ago) |
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Remember "no good deed goes unpunished". Maybe have the tenant sign a paper that says he left on his own accord and that your parents were okay with him breaking the lease. This way, if he chooses to turn around and sue for wrongful eviction, your parents will be covered.
-------------------- If my calculations are correct, when this baby hits eighty-eight miles per hour... you're gonna see some serious shit. ~Dr. Emmett Brown
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OJK
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Re: Tenant found growing pot [Re: wilshire]
#6388668 - 12/19/06 11:26 PM (17 years, 5 months ago) |
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> i have a feeling any rational person would tear his plants down in a minute and > high tail it out of there without looking back.
Seconded.
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funkyjunky
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Re: Tenant found growing pot [Re: OJK]
#6391495 - 12/20/06 06:08 PM (17 years, 4 months ago) |
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# 2 for sure. The picture evidence is unnecessary, since the tenant should be thankful he was warned and asked to leave, instead of arrested without prior notice. Don't serve an eviction notice, the tenant has broken the lease. It'd be nice to tell the tenant that no one will talk about what was found as long as he moves out soon and culls the op immediately.
-------------------- Long Live the Shroomery Peace
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daba
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Re: Tenant found growing pot [Re: funkyjunky]
#6395780 - 12/22/06 12:24 AM (17 years, 4 months ago) |
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Hello everyone,
Last night, a cool discussion went down with my parents and the tenant expressing their concerns and his eviction. He took it as many here have predicted, claimed the pot was his friend's, and accepted the one month time frame to find somewhere else to live. No pictures were taken and the police were not involved. The tenant took it very calmly and things concluded peacefully.
Thank you everyone for their contributions.
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nuGGs
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Re: Tenant found growing pot [Re: daba]
#6397970 - 12/22/06 08:29 PM (17 years, 4 months ago) |
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glad to hear that it's worked out so far with out any kinks along the way..
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cpw1971
Mr

Registered: 10/07/06
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Re: Tenant found growing pot [Re: nuGGs]
#6401611 - 12/24/06 10:46 AM (17 years, 4 months ago) |
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yeah man good going police didnt have to be involved. that would make us taxpayers pay for his stay in jail while some rapist stays free. the guy should have his own place before he grows though. meanwhile down the street you have drug stores peddling thier crap thats much worse than a little mj. giving ritalin to little kids... same with any store.... alcohol. if you ask me I think a few pretty plants to look at wouldnt harm the little kids next door. not even a millionth compared to the mass quantities of sugar thats packaged up all pretty with aisles of it in every store for the kids to throw a fit over when you dont get them some. what a fucked up world we live in
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fastfred
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Re: Tenant found growing pot [Re: cpw1971]
#6403953 - 12/28/06 03:47 AM (17 years, 4 months ago) |
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WTF is wrong with you people?
How about not being a part of the failed drug war? How about not being a piece of shit who fucks someone over for doing something that should be their right?
Your parents are the criminals here. They violated a man's right to privacy and now they think they have the moral authority to throw a "nice guy" who's minding his own business out of his home?
That's just plain wrong. They comitted a crime with a real victim. They should shut their mouths and pretend it never happened.
If the guy's got plants outside then he's a real dumbass. It's reasonable for them to say something to him about it. If they hadn't entered the place it would even be alright to evict him, but at this point they should remember 'let he who is without sin throw the first stone'.
-FF
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RemainRandom50
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Re: Tenant found growing pot [Re: fastfred]
#6431204 - 01/06/07 01:32 PM (17 years, 4 months ago) |
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wwo very odd situation.
-------------------- At times I get consumed by my everyday life and will leave the Shroomery. Yet, every time drugs come falling into my life for fun.....I always think about the Shroomery and then I'm back!
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rawtoxic
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Re: Tenant found growing pot [Re: fastfred]
#6432415 - 01/06/07 07:41 PM (17 years, 4 months ago) |
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Yes, you bring up an excellent point. Little fuckin weasels the parents are.
But then again, they are not criminals because civilians don't have follow procedures that police and other law enforcement do. And I'm sure LEO would love to just be handed an easy bust to put on the front pages of local times.
I am glad they are handling it rationally but how rude to snoop on a tenant, the moment a landlord told me he had been in the house without my permission/consent/knowledge I would ask to move out right then no other information would be needed.
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fastfred
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Re: Tenant found growing pot [Re: rawtoxic]
#6433721 - 01/07/07 06:04 AM (17 years, 4 months ago) |
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> But then again, they are not criminals...
Yes, they are criminals. It's no different than if I had a key to your place and decided to snoop around one day. It's breaking and entering and tresspassing. When you rent a place it's yours for the length of the lease. There are only special circumstances when someone else can enter your place without your consent.
To me the whole situation is like a rapist threatening to turn in someone who watches kiddie porn. It's someone who actually violated another person thinking they have the moral authority to turn in someone who may have broken the law, but comitted a victimless crime.
-FF
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elsig
Knowledgespeaks, wisdom listens



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Re: Tenant found growing pot [Re: fastfred]
#6434376 - 01/07/07 11:13 AM (17 years, 4 months ago) |
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i must agree with just about everything fastfred says here. i find snooping around to be a worse crime than beein a gartner which shouldnt be a crime. he grew a plant, your parents was sneaking in his stuff. they shouldnt rent to anyone else before they get some damn moral.
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