San Bernardino, CA asked in Cannabis & Marijuana Law and Landlord - Tenant for California

Q: My landlord came in my home stating she smelled marijuana. She did this after I made a complaint about her. Help!

I don’t smoke and this is false I believe it’s retaliation to try and evict me. Can you help me. How can I prove she’s wrong

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, your landlord must provide reasonable notice, typically 24 hours, before entering your home, except in emergencies. If your landlord entered without proper notice, this could be a violation of your rights as a tenant.

Regarding the accusation of marijuana use, if you believe this is false and possibly retaliatory, document all interactions with your landlord, including dates, times, and the nature of each interaction. This documentation can be crucial if legal action becomes necessary.

If you feel your landlord is attempting to retaliate or evict you unjustly, it’s important to know that California law protects tenants from retaliation. This means a landlord cannot evict or harass a tenant for exercising their legal rights, such as making a complaint.

To address this situation, consider writing a formal letter to your landlord stating your concerns and the inaccuracies of their claim. If the issue escalates, seeking legal advice may be necessary to ensure your rights are protected and to discuss potential steps such as filing a complaint with a local housing agency or considering legal action.

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