Friday, May 25, 2007

Growing Problems & Going Concerns

The Chronicle earned the first seven letters of its name today with this very interesting article on tenants who grow marijuana indoors. The article is written from the landlord's perspective, and concludes:

Now Brooke has added language to her rental contract. "It says flat out there is to be no pot growing in the house. And I tell them I am responsible for smoke detectors -- I will come and examine them on a regular basis. I've always been a good landlord and now I've become an even better one."

Yet what works in one county might not work in another. According to Janan New, such additional clauses may or may not be enforceable, especially in a rent-controlled town like San Francisco. "You can't screen on this -- that would be illegal," she says, adding that even the presence of a grow room might not warrant grounds for eviction. "Damaging a property would be considered part of grounds for a nuisance eviction. But in San Francisco, the damage has got to be pretty egregious."

I never took landlord/tenant, but may soon get to it in bar studying. But here's what I'm curious about: as absurd as it is, it's still a violation of federal law to grow marijuana. Why can't a landlord evict someone for violating federal law, whether or not they are damaging the apartment? What if they were just counterfeitering money? Would I not be able to evict them?

Just curious. It sounds ridiculous if the answer is no, because on the civil side, we do expect landlords to police federal law by making them vicariously liable for copyright and trademark infringement that occurs on or in their premises. The article suggested that landlords in this context could also be liable for various torts & crimes arising from growing (the threatened countersuit for mold was hilarious, & sad). If there's looming liability, why is eviction illegal? Thanks.


12 Comments:

Anonymous Anonymous said...

Tom, be quiet and study.

5/25/2007 2:38 PM  
Anonymous Anonymous said...

Didn't you all graduate? Time to move on...

By the way, I just had a conversation tonight with someone whose friend is coming to Boalt, but very nervous about it based upon what she read on this blog. Way to go guys...I assured her to please pass along to her friend that this blog is not representative of the fine folks at Boalt Hall.

5/25/2007 11:56 PM  
Anonymous Anonymous said...

Time to move on? Is blogging about current events and general legal issues only acceptable for current Boalt students?

5/26/2007 10:34 AM  
Anonymous Anonymous said...

11:56... why are you lame ass Hastings people always trolling Nuts and Boalts? Tommy boy... if you are ever a tenant in a house I own, feel free to grow all the pot you want!

5/27/2007 1:20 AM  
Anonymous Anonymous said...

wow if someone is nervous about going to Boalt because of this blog, maybe they shouldn't go into law. or ever speak to anyone who isn't a green party member. i consider myself liberal, but amazingly enough i am not scared to talk to conservative people, or libertarians... tell your friend's friend (if this person really exists) to be a little more open-minded- isn't that what being liberal is about? also obviously one blog is not going to represent every view at boalt (at least I'd hope it wouldn't..) but maybe it's good to know there are people who say more than one "representative" set of liberal talking points.

5/27/2007 12:57 PM  
Anonymous Anonymous said...

Hey, 11:56. How about you show me a single blog anywhere that is representative of an entire school.

5/27/2007 2:39 PM  
Blogger McWho said...

Boalt is way too conservative. Your friend should go to Ave Maria, or Chicago. I hear they are much more what she is looking for in a school

5/27/2007 3:03 PM  
Anonymous Anonymous said...

Attack me all you want - all I was doing was relaying information. And I am not from Hastings. I am from Boalt. Enough already with the Hastings bashing. After the two Boalt-on-Hastings incidents this year, I'm embarrassed enough as it is when I come across Hastings students without another Boalt jerk making us look even worse. -11:56

5/27/2007 3:10 PM  
Anonymous Anonymous said...

i think the problem is not that the majority of the posters on this blog are to the right of where most boalties are, but instead that people behave like asses in this forum.

5/27/2007 9:34 PM  
Anonymous Anonymous said...

9:34 just hit the nail on the head. And that's all I have to say about that!

5/27/2007 11:29 PM  
Anonymous Anonymous said...

A non-L here.

I have been apartment shopping in Berkeley and I began to wonder: can a landlord discriminate based on occupation, and student status in particular? As in, are there any issues with an advertisement that says 'grad students preferred,' or something of the like?

Not that I am asking any of you for legal advice...speculation will do.

5/29/2007 3:30 PM  
Blogger Armen said...

According to the Fair Housing Act it's kosher.

5/29/2007 5:25 PM  

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