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Old 10-25-2008, 01:56 AM   #1 (permalink)
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Apt. evictions of MMJ Patients?

Hi All, Was wondering if ASA has helped anyone who has been targeted by Landlords & Managers who are trying or has given Eviction notices to their tennants under CA Code of Civil Proceedure 1161 (4) = using apt. for unlawful/illegal purpose like growing under 12 MMJ plants? I'm being faced with this now and am a Prop 215 MMJ Patient. =Judy=
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Old 10-25-2008, 03:28 AM   #2 (permalink)
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Re: Apt. evictions of MMJ Patients?

I live in a mobile home park. You have to be 55yrs to live there. I own the home but I am renting the space. Can the manager make me move just knowing that I smoke?? Sorry J I can't help you with your problem. How about some major reps
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Old 10-25-2008, 03:31 PM   #3 (permalink)
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Re: Apt. evictions of MMJ Patients?

Hi Big KR, IF you own the home, I doubt that the manager can make you move due to your smoking . . . IF you are a CA "Medical MJ Patient" with a Dr.'s recomendation, I believe Prop 215 under CA Marijuana Laws can help . . . both of us, as we are "legal" and what we smoke is NOT drugs, but "medicine"! We don't use it for "recreational"/FUN (getting "stoned"), but use it as Medicine to help our ailments. =Judy=
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Old 10-25-2008, 03:47 PM   #4 (permalink)
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Smile Re: Apt. evictions of MMJ Patients?

Quote:
Originally Posted by In_Hollywood View Post
Hi All, Was wondering if ASA has helped anyone who has been targeted by Landlords & Managers who are trying or has given Eviction notices to their tennants under CA Code of Civil Proceedure 1161 (4) = using apt. for unlawful/illegal purpose like growing under 12 MMJ plants? I'm being faced with this now and am a Prop 215 MMJ Patient. =Judy=
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As long as you are doing it behind close door, they can't discrimanted you because you need your meds. I think you should call the housing authorities, and ask, if not contact ASA and see how they can help you. As long as you follow the state rules, you should be okay. But just check. Hope this was helpful?

Much Love and Peace to you.

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Old 10-25-2008, 03:53 PM   #5 (permalink)
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Re: Apt. evictions of MMJ Patients?

Could you let me know if ya get any answers to your apt. Problem. Thanks so much your help. I wish I could make go away. KR
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Old 10-25-2008, 04:27 PM   #6 (permalink)
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Re: Apt. evictions of MMJ Patients?

Call them. ASA will refer you to an attorney. safeaccessnow.org.
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Old 10-25-2008, 08:51 PM   #7 (permalink)
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Re: Apt. evictions of MMJ Patients?

Hi All, Thanks for helping! I studied Landlord & Tennant Law, and I believe this Manager violated my rights by entering my apt. -without a 24 hr. notice - and when I was taking my Mom to her Dr. (she lives in the building, too which is mostly older people - I'm 56 and disabled on S.S.I.), then bringing in 3 other office people to verify it was MJ plants I'm growing and act as "witnesses" against me and stated as such in my 10 day notice to give up my apt. due to "illegal" use of apt. for growing (5 mature & 6 clones of) MJ! They don't realize it's not a drug (MJ), but Medicine (MMJ)! =Judy=
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Old 10-25-2008, 09:05 PM   #8 (permalink)
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Re: Apt. evictions of MMJ Patients?

I told the Manager, when I got this notice I needed to talk to him, but he didn't want to talk to me about it and said to contact the person who sent it, but when I told him I needed to discuss this with him, due to the fact that the notice mailed to me had NO return address, No names who sent it other than the complex name, nor any contact phone number, which I showed him then mentioned the "illegal use" part saying I'm NOT doing anything "illegal" as I am a MMJ Patient and am using/growing my Medicine for Glaucoma and anxiety/depression, etc. and he can NOT tell me I can not use my medicine, then showed him my Dr.'s recommendation paper & CA Patient I.D. Card!! I also have, my Eye Dr.'s card & Margolin's Marijuana Laws booklett! He said, he'd have to talk to the attorney, as he didn't know about MMJ! The manager is just looking, investigating, searching for a reason to evict me, as his intentions are very clear with his attitude! Damn, I hate this! =Judy=
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Old 10-26-2008, 09:18 AM   #9 (permalink)
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Exclamation Re: Apt. evictions of MMJ Patients?

u r ok hollywood. if u get a five day notice then seek a paralega. ur landlord sucks and he can't win against the lawl
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Old 10-26-2008, 09:41 AM   #10 (permalink)
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Re: Apt. evictions of MMJ Patients?

Unless there is an emergency in your apt., such as a fire, flooding etc., the landlord MUST give you in writing a 24 hour notice of intent to come in.
In that notice it must also specify WHY it is necessary for them to come into your unit.

Sorry this has happened to you but they did overstep their boundaries as a landlord.

You need to also find out WHY they came in?

zb1


Quote:
Originally Posted by In_Hollywood View Post
Hi All, Thanks for helping! I studied Landlord & Tennant Law, and I believe this Manager violated my rights by entering my apt. -without a 24 hr. notice - and when I was taking my Mom to her Dr. (she lives in the building, too which is mostly older people - I'm 56 and disabled on S.S.I.), then bringing in 3 other office people to verify it was MJ plants I'm growing and act as "witnesses" against me and stated as such in my 10 day notice to give up my apt. due to "illegal" use of apt. for growing (5 mature & 6 clones of) MJ! They don't realize it's not a drug (MJ), but Medicine (MMJ)! =Judy=
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Old 10-26-2008, 10:08 AM   #11 (permalink)
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Re: Apt. evictions of MMJ Patients?

Not too long ago ,had issue w/stolen stash (refrig ,1.5oz) , 'no force' entry ... discovered an inside 'maintenanceworker' job ... sooo ,signed a waiver of liabilityto manager ,changed locks ,no extra outside keys:smile2: ...

You might hav 'anticipated' conclusions of anyone gaining access to your 'overexposed grow' in case of *emergency ... remember peeps ,even tho patients are protected w/this 'Proposition' and that 'Bill ,our 'universe' still occupies plenty of 'gray space' ... BeCareFul out there ...that is all .....

psst* ... since there was no emergency ,by law ,24hr notice req.

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Old 10-26-2008, 03:33 PM   #12 (permalink)
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Re: Apt. evictions of MMJ Patients?

Yeah, I believe the Manager is oversteping his boundaries with all of this! I am going to call AARP's attornies & perhaps a Legal Aide who knows Landlord & Tennant Law + CA Prop. 215 MMJ law (I have Margolin's MJ Laws booklett)! Thanks, for your support, it helps! =Judy=
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Old 10-26-2008, 04:03 PM   #13 (permalink)
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Re: Apt. evictions of MMJ Patients?

Quote:
Originally Posted by In_Hollywood View Post
Yeah, I believe the Manager is oversteping his boundaries with all of this! I am going to call AARP's attornies & perhaps a Legal Aide who knows Landlord & Tennant Law + CA Prop. 215 MMJ law (I have Margolin's MJ Laws booklett)! Thanks, for your support, it helps! =Judy=
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Believe you say?
NO! He did overstep them.

I would tell you landlord, that unless he stops evection proceedings immediately you are writing and going down to the L.A. City Attorneys office to file a complaint and also check and see if anything CRIMINAL was done, i.e. breaking and entering.
Plus be sure to get an attorney.

Don't be meek, you have the law on yourside, this isn't the 60's, 70's or 80's.

zb1

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Old 10-26-2008, 05:53 PM   #14 (permalink)
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Re: Apt. evictions of MMJ Patients?

Quote:
Originally Posted by In_Hollywood View Post
Hi All, Was wondering if ASA has helped anyone who has been targeted by Landlords & Managers who are trying or has given Eviction notices to their tennants under CA Code of Civil Proceedure 1161 (4) = using apt. for unlawful/illegal purpose like growing under 12 MMJ plants? I'm being faced with this now and am a Prop 215 MMJ Patient. =Judy=
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thats terrible! i hope you get the help you're looking for.

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Old 10-26-2008, 07:21 PM   #15 (permalink)
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Re: Apt. evictions of MMJ Patients?

if you have your County card from the health department, there is nothing that your landlord or law enforcement can do about it. That is the nice thing about getting the county card.
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Old 10-26-2008, 09:32 PM   #16 (permalink)
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Re: Apt. evictions of MMJ Patients?

I have my Dr.'s reccomendation & Patient I.D. Center's photo Cannabis I.D. + my eye Dr.'s card for my Galucoma info. (using - also - Lumigan 0.03%). I am going to check with some attornies about this, this week! This manager has it in for me - to make me move, by finding anything he can aganst me, it seems! He's a Scorpio and I'm an Aquarius = we don't get along!!! LOL =Judy= Plus, I'm being a caretaker to my 88 yr. old Mom in the same building!!
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Old 10-26-2008, 09:41 PM   #17 (permalink)
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Re: Apt. evictions of MMJ Patients?

Judy, Los Angeles addresses are covered by the most tenant friendly laws in SoCal.

FIGHT BACK! YOU HAVE POWER, USE IT.

Call the Housing Dept. Immediatly! And file a complaint. It will put a hold on the procedings.

This branch would be the best one for your area:

3415 S Sepulveda
Ste 150
Los Angeles, CA 90034 (310) 572-2000

Your rights were violated and you even have a claim for damages and fine the landlord.

Hit them with a complaint and you won't have to fear retaliation. Once you file and there is any illegal harassment or depature from CA and LA's housing laws, it will be construed as a "construtive eviction" and you could end up with $8,500 in damages as a senior or disabled tenant.

Unfortunatly, a tenant growing is still a very grey area of the law.

But call the Housing Dept asap to complain about the illegal entry.


A great site about Tenant laws is Ken Carlsons: http://www.caltenantlaw.com/

He will even give you a consult by email for free.
 
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Old 10-26-2008, 10:07 PM   #18 (permalink)
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Re: Apt. evictions of MMJ Patients?

Most definitely listen to Platypus! It sounds like you've already started battle, but the more you do to stand up for your rights, the more likely this case will be seen in your favor. I used to work for a property lawyer specializing in renter/landlord allegations, and their advice is to collect as much evidence as possible. When you call the housing department, ask them if they can send you a document saying that the complaint has been filed and save every email, letter, etc you exchange with your landlord. You may intimidate him by being so prepared! After the first papers are served, people usually get scared and drop the accusations!

Fight for you mother!!!!

I can't believe your landlord just walked in like that with no notice, but on the brightside there are 3 witnesses who saw him inside your apartment!
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Old 10-27-2008, 10:02 AM   #19 (permalink)
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Re: Apt. evictions of MMJ Patients?

Does your mother have a recommendation? You are allowed 6 mature or 12 immature per patient, so if your mother has a recommendation and the caregiver forms are filled out you could have 6 mature and the 5 immature, but if not you are over the limits of SB420 that have been judged unconstitutional and only allow you the 6 mature.

What to do if the landlord says he smelled something and thought their was a fire (or maybe just a skunk or other wildlife) and the other witnesses agree that they believed an emergency existed.

In the case of SB420 the black and white has faded to grey and the rules are not yet clear.

The real law is Prop 215 and you can have as many as you can prove you need for your illness and your method of injestion. People who use it in edibles have been allowed as much as ten times the SB420 guidelines. Download a few recipes for canna butter and canna oil and keep them around the place, then grow about 50 plants or so.
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Old 10-27-2008, 12:06 PM   #20 (permalink)
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Angry Re: Apt. evictions of MMJ Patients?

Quote:
Originally Posted by zbestwun2001 View Post
Believe you say?
NO! He did overstep them.

I would tell you landlord, that unless he stops evection proceedings immediately you are writing and going down to the L.A. City Attorneys office to file a complaint and also check and see if anything CRIMINAL was done, i.e. breaking and entering.
Plus be sure to get an attorney.

Don't be meek, you have the law on yourside, this isn't the 60's, 70's or 80's.

zb1
zbestwun2001 is right, your privacy was violated regardless of your MMJ status, and you should not let it go! This is breaking and entering with out proper notice, and from my experience landlords that do it once do it allot! Your probably not the only one, and something should be done.

WheelenJeepThing says..
"...hey man, whats the big deal, its all gona be legal in a year when Willie Nellson's president"

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Old 10-27-2008, 12:26 PM   #21 (permalink)
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Re: Apt. evictions of MMJ Patients?

You need to see a lawyer as soon as possible. There is an excellent pro bono defense firm called Bet Tzedek Legal Services. One of their specialties is defending people who are being unfairly evicted.

The information is below on Bet Tzedek. It won't cost you anything as you are low income. BUT CONTACT THEM TODAY. Make sure they understand you're calling about an eviction.

Evictions go very quickly, and the judge usually rules in favor of the landlord. You need help, and from a lawyer, not well meaning Trackers. I used to work up these cases for them and they are really good at this, so please give them a call.

Bet Tzedek Legal Services
(Fairfax Office)
145 S. Fairfax Ave.
Suite 200
Los Angeles, CA 90036
323.939.0506
323.549.5880 FAX
Located across from the Farmer's Market and The Grove on Fairfax Avenue and 3rd Street.

You can call ASA's legal department and ask for help, but I don't know what their policy is about MM based evictions, they may not be able to help, simply because the eviction process goes so quickly and you are already in play.

Call Bet Tzedek and see what they have to say first.
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Old 10-27-2008, 12:29 PM   #22 (permalink)
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Re: Apt. evictions of MMJ Patients?

In 1970 I was living around the corner from NNCC, my landlord let the police in my apt when I was not there.
They gave them a cock and bull story about looking for a runaway and said she might be there.

Well she had left days prior the came in and found my stash and left it.
Came back the next day and came in and hit me with a felony.

Cost me an arm and a leg to get out of it, but this could have happened to you too and this is 2008.

Stand up for your rights and settle this once and for all.

He was out of line!

zb1

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Old 10-27-2008, 11:38 PM   #23 (permalink)
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Quote:
Originally Posted by Deejaycruise View Post
Does your mother have a recommendation? You are allowed 6 mature or 12 immature per patient, so if your mother has a recommendation and the caregiver forms are filled out you could have 6 mature and the 5 immature, but if not you are over the limits of SB420 that have been judged unconstitutional and only allow you the 6 mature.

What to do if the landlord says he smelled something and thought their was a fire (or maybe just a skunk or other wildlife) and the other witnesses agree that they believed an emergency existed.

In the case of SB420 the black and white has faded to grey and the rules are not yet clear.

The real law is Prop 215 and you can have as many as you can prove you need for your illness and your method of injestion. People who use it in edibles have been allowed as much as ten times the SB420 guidelines. Download a few recipes for canna butter and canna oil and keep them around the place, then grow about 50 plants or so.
= = = = = = = My Mom doesn't have a recommendation even though she has facial cancer tumors (Basal cell), but knows I do & I smoke. =Judy=
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Old 10-27-2008, 11:46 PM   #24 (permalink)
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Re: Apt. evictions of MMJ Patients?

Hi All, Thanks SOoo much for the ideas & support, it helps! I called today 2 attornies; one told me to call Housing's (HUD?) legal Dept., the other, left me a message saying he doesn't give free colsultations, but charges $300. an hour for his services (Landlord/Tennant law) = OUCH!! I'll call Bet tzedek, tomorrow + Housing dept. (legal dept.)! Damn, this is so annoying! I have a lot on my plate - to do, as t is, now this! =Judy=
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Old 10-28-2008, 11:08 AM   #25 (permalink)
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Re: Apt. evictions of MMJ Patients?

Quote:
Originally Posted by In_Hollywood View Post
Hi All, Thanks SOoo much for the ideas & support, it helps! I called today 2 attornies; one told me to call Housing's (HUD?) legal Dept., the other, left me a message saying he doesn't give free colsultations, but charges $300. an hour for his services (Landlord/Tennant law) = OUCH!! I'll call Bet tzedek, tomorrow + Housing dept. (legal dept.)! Damn, this is so annoying! I have a lot on my plate - to do, as t is, now this! =Judy=
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good luck JUDY!!

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