Q: Tenant r. agreement bans growing marijuana on premises. Instead he has grow on landlord property adjacent. trespassing?
30 day w/cause notice? How do I approach this w/tenant? r. agreement includes (areal view of) "rented" property boundary lines, so he knows what he is doing. Also believe illegal activity happening in the storage shed, part of his rented premises. Sneaky tenant!
A:
First, if things are being grown on your land without your permission, you are free to rip the plants up/out; and/or report illegal grow operations to law enforcement. Nothing like losing his crop to dissuade him from future trespassing. IF you can prove it, yes, trespass is a possible claim. Whether it is grounds for a 30 day for cause is a bit trickier since it apparently is not happening on the rental property. It also may depend on what your rental agreement specifies - often there is a criminal activity addendum to rental agreements which provides for it being grounds to terminate a tenancy for unlawful activity on, in, or near the rental property so off-site can still provide grounds to get rid of tenant if desired. You do, of course, have a burden of proof to show the tenant is the one responsible for such growing off site.
If you suspect unlawful activity going on in a shed or anywhere else on the rental property, simply conduct regular inspections of the property. Provide 24 hr. notice and thoroughly inspect every part of the rental property, inside and out. If you find evidence of unlawful behavior, it likely will provide grounds for a 30 day for cause termination. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
