Apt. Evictions of MMJ Patients?

[In_Hollywood]

Hi All, Has anyone been evicted out of their apt., by their apt. Manager, for either growing a few plants for personal use or having meds./pipes visable? I am currently facing eviction, after 4 yrs. of living in HUD Housing in L.A., as a 56 yr. old woman on S.S.I. for disabilities I suffer from (depression/anxiety/insomnia/OCD + glaucoma & lower back pains), due to the apt. Manager illegally, without a 24 hr. notice to me, entering my apt., while I was out, to check a newly painted balcony . . . and discovering my 5 MMJ plants that were 2'-3' tall in pots + my 6 small clones in my bedroom under a gooseneck lamp with CFL bulb, then, 2 weeks later, giving me a 10 day notice of eviction due to, "illegal use of premises - growing MJ" . . . they returned my rent check and now the Management Co. & their attornies are deciding to proceed (appearently) with the eviction process! Not sure what to do, as they didn't call LAPD, nor was I arrested for a crime! They also claim I violated the lease! =Judy= Oh! Someone told me about MMJ Patient, Bobbie Wooten, in N.M., who also is getting evicted from her apt. due to 2 plants! I am a Ca Prp. 215 MMJ Patient, too! Any ideas what I can do, to keep from being evicted?

 

[zolar]

get legal aid or whatever they're called out there that helps poor people

if they allow folks to have O2 tanks for breathing help they shouldn't be able to discriminate against you for med MJ
if you meet all the state laws

those oxygen tanks are more of a dangerous item in terms of
explosion potential

they may be using fed housing guidelines for no drugs
in public housing but if they allow residents to have scheduled narcotics prescriptions they shouldn't be able to evict for medical MJ if it is legally prescrible recognized medicine in your state

 

[Happy Kitty]

I'm so sorry this has happened to you. It is against the law for a landlord to enter your residence without 24 hour notice unless it is an emergency. That is a violation of renters laws. Public housing has taken a stiff approach to removing illegal drugs from housing developments, so this is not unique.

I know you will receive more advice than I can offer. But first I would find you local renters advocacy group and explain to them your situation and see if they can help you. Also, take a look at the list of california lawyers and make a call to one or more of them. You are always offered free consultation, and they can help lead you to the proper channels. State By State Marijuana Lawyer Listings

Lastly, call the news channels, let them know what has happened. Let them sing it to the rafters. There is a compassionate news investigator somewhere in your area who would love to break the story. Public outcry can do amazing things.

I sincerely wish you the best, and I hope you will keep us posted on what is happening.

Peace and happiness

 

[Jim Finnel]

when i eventualy get relocated to cali i want to start some sort of renter/landlord network for patients and mmj friendly landlords. i've been thinking about it for months. its a big task but needed. i'm surprised no one else has already started this. i'm not sure when i'm gonna get there so if someone wants to get busy i won't be offended if you start without me. please do, i'll be looking to rent when i get there

 

[In_Hollywood]

I'm so sorry this has happened to you. It is against the law for a landlord to enter your residence without 24 hour notice unless it is an emergency. That is a violation of renters laws. Public housing has taken a stiff approach to removing illegal drugs from housing developments, so this is not unique.

I know you will receive more advice than I can offer. But first I would find you local renters advocacy group and explain to them your situation and see if they can help you. Also, take a look at the list of california lawyers and make a call to one or more of them. You are always offered free consultation, and they can help lead you to the proper channels. State By State Marijuana Lawyer Listings

Lastly, call the news channels, let them know what has happened. Let them sing it to the rafters. There is a compassionate news investigator somewhere in your area who would love to break the story. Public outcry can do amazing things.

I sincerely wish you the best, and I hope you will keep us posted on what is happening.

Peace and happiness

= = = = = = = = = = = = = = = = = = = = = = = = = Thanks, HappyKitty & All, I've tried numerous Attornies, but they only do criminal defence (I was NOT arrested nor my plants taken, nor were the LAPD called by the Manager). However, this IS Federal HUD Housing (no illegal drugs + a Drug Free environment . . . . lease agreement says). UGH! So even though I'm a "legal" MMJ Patient under CA Prop. 215 law, the Federal Laws are against it! =Judy=

 

[420]

so sorry to hear of your dilemma judy, yet one more reason why we do what we do...
your situation is one in thousands, you are not alone by far sweetie, trust me...
you have our full support, wish there was something more we could do to help...
get more involved in the movement and help us create awareness to these people, it's all a war of information at this point and we are on the front lines...
too bad you are being targeted as another casualty of this war on a plant!
all my love and respect.

 

[Racefan]

look up "legal aid". I used them for a hud dispute. I extended my apt stay for 90 days by disputing the eviction in court which gave me time to find something else. I lost the appeal. I was caught hiding 300.00 a month I got for my 2 weekend a month under the table security job. Unfortunately I'd had the job for over 6 months and that's what pissed them off. One bad thing is you no longer qualify for Hud. I think you might have to resort to a room mate to survive. It's what I ended up having to do.

 

[Dr. 215]

This is terrible, i'm so sorry this is happening to you. I wish i could personally help you but i no longer live in Socal.. Best wishes and i hope everything works out well for you!

And please keep us up to date with any new info again best of luck with the Managment!

 

[In_Hollywood]

This is terrible, i'm so sorry this is happening to you. I wish i could personally help you but i no longer live in Socal.. Best wishes and i hope everything works out well for you!

And please keep us up to date with any new info again best of luck with the Managment!

= = = = = = = = = = = = = = = = = = = = = = = = = Hi All, I did a search, last night on: Medical Marijuana Patients evcited from housing, and was surprized at how many of these situations there are & with HUD housing! I was also surprized at how expensive the 1 bedroom apts. rents have gone up! I am now trying to locate another apt., somehow! =Judy= So far, no papers have come, yet!

 

[420]

sending positive energy your way sweetie...
love and respect.

 

[Racefan]

= = = = = = = = = = = = = = = = = = = = = = = = = Hi All, I did a search, last night on: Medical Marijuana Patients evcited from housing, and was surprized at how many of these situations there are & with HUD housing! I was also surprized at how expensive the 1 bedroom apts. rents have gone up! I am now trying to locate another apt., somehow! =Judy= So far, no papers have come, yet!

Once eviction papers come do a search for your local legal aid. They can help "you" fill out and file papers contesting the eviction. Once you do this they cannot make you leave with the 30 day notice. The courts have to decide what happens. One can draw this out for 90 days. That may give you the time you need to find a place. Next time deadbolt/lock the door the plants are behind and don't give the landlord the key. He can't get you for a deadbolt if you make it a permanent fixture. Just once you do leave you must give them the key. I'd also look into the illegal search. Possibly even sue him for it. He invaded your privacy without proper notification.

 

[420]

do a search for "landlord and tenant affairs"

 

[StuntmanMike]

Sticky situation, but despite violating Federal law in Federal housing (wtf were you thinking?) the landlord still can't trespass. I'd go after that asshole in every way, shape or form I could, while moving somewhere that isn't owned by the Feds. Regardless of what the state law is, the Feds have unconstitutionally taken drug control as their job (no mention of it in the Constitution = states have the power, NOT the Feds), and as it is now, it's federally illegal, so while the landlord illegally found your plants, you still have the plants and have thus violated the rent agreement.

 

[StuntmanMike]

get legal aid or whatever they're called out there that helps poor people

if they allow folks to have O2 tanks for breathing help they shouldn't be able to discriminate against you for med MJ
if you meet all the state laws

those oxygen tanks are more of a dangerous item in terms of
explosion potential

they may be using fed housing guidelines for no drugs
in public housing but if they allow residents to have scheduled narcotics prescriptions they shouldn't be able to evict for medical MJ if it is legally prescrible recognized medicine in your state

medical MJ != oxygen tanks. oxygen tanks are not illegal, cannabis is. in our broken system, the Federal laws trump the State laws in about every case, when the states are supposed to have sovereignty over certain laws (like this one). the oxygen tanks may be dangerous because of explosion, but they still aren't Schedule 1 drugs. Therefore, it doesn't matter what the state recognizes as medicine, it's still Federally illegal, and since she's in Federal housing, I really don't see her having a case other than the landlord having found them illegally. If she could get it thrown out because of that, then she has a chance at at least keeping an eviction off her record. She still pretty much HAS to move, because the landlord will not just let this slide. He/she would make it a living hell to live there (they have legal ways of doing so), so the OP should be making arrangements to move ASAP, regardless of the outcome of the case. She should be finding a place where landlords won't trespass and where her medicine has at least SOME legality.

 

[Jim Finnel]

^
life works differently for a disabled person. some landlords won't rent to the disabled period. you can't settle for whats available you need to find a home that you can physically handle. moving has a whole set of challenges such as needing people to help do all those things they can't do for themselves. then there is the monetary end of things. its not easy for an ssi recipient to get money together for first & last months rent and deposits, plus the expense of moving.

your right though. staying is out of the question. the landlord will be a continued source of harrassment.

along with the pot friendly renter/lanlord networking idea of mine pot smokers who care should have a way of helping disabled smokers. the dispensaries would be perfect places for this to begin. smokers helping smokers. or just smokers helping people. an organized group of smokers in various regions of legal states that respond to needs. great pr. a way to show the general puplic that cannabis users are like everyone else and contribute to their communities.

imagine how a medical marijuana patient who is disabled would feel to see a couple of pickup trucks and some fellow smokers pull up in their driveway ready to help them move or build a wheelchair ramp. imagine how you'd feel if you were one of them and saw the smile or tears of that person your helping.

imagine legal growers volunteering to share their time and health to help disabled mmj patients that have difficulties growing.

don't just be a couch locked stoner. you can change somebodys world.