peconut
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Whatever happens now you're gonna lose the flat.
Your landlord was not reasonable in entering your flat. which it is tecnically under the tenancy agreement. 24hours notice of wanting to enter the property should mean just that with the addition of a few.
Going in as he has done means he has broken the terms of your agreement.When you say he found traces of cannabis what do you mean, enough for a bong, a spliff or 3 or 4. If he had of reported you to the police at the time of finding the dope they would have probably turned up and you'd of received a caution uness you'd been done before.
If it says in the tenancy you may not smoke in the flat (and do drugs) then he can kick you out. If it doesn't go C.A.B. and you may get lucky. but if you do get to stay you will understand that your landlord will become unbearable. |
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Landlord
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He is not in any trouble.
You may be in trouble. If you are a card carrier (proving the prescription for the pot) the state pretty much will leave you alone. However, you have still broker Federal law and the landlord can easily push for legal action to be taken. If you do not have a card for the pot then you are pretty much screwed, he can easily evict you and have charges pressed. |
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groverraj
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First of all.. how did he know it is Cannabis? Did he test it? Send a sample to a lab? Then he has to prove that it belonged to you. Did he call the police? If not, then you are off the hook... as it his word against yours. |
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toy*
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i'd fight it. unless he kept the stuff for evidence, how can he prove it. i do not believe he had a right to be in your apartment, and unless you've done damage to his property, he has no right to evict you. i'd call your local housing authority, or 211 and find out who you can speak to. I wouldnt mention that you had weed specifically, but I would tell them that your landlord "says" he saw something. Next time, put your weed up like a grown person!
P.S. Unless you have a prescription, I wouldnt use that medicinally bit anymore. |
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Johnny A
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Unless you have glacoma, I'd say you cowboy... |
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rivasj27
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You both are in trouble. |
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exchangeteam
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i think you should just move otherwise you could end up loosing more than a flat, it may cost your freedom lol |
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frodonicey
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Could you get your doctor to write a letter to this landlord explaining the situation? Surely its worth a try.
The landlord will be thinking you were using cannabis as a drug.
Also isn't there some sort of law which says a landlord can't come into a property he is renting out unless his tenant says he can? I would certainly look into this anyway, I am sure its an infringement of your rights.
Good luck 'onsomething' |
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♥ Embracing Optical Freedom ♥
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Medicinal my *** you like to get ripped. It's ok. Don't try to tell the judge that **** if you're taking it to court, he won't buy it. And honestly a drug offense is a little bit higher on the scale of "stupid" than entering somebody's apartment w/o their permission. |
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gugliamo00
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Read your rental/lease agreement. Almost certainly there will be a clause that states that the owner of the property or his'/her agent has the right to reasonable access to your apartment. It is, after all, his/her property. More than likely any prior notice has to be "at least" a stipulated number of hours -- like 24. That means "I need to do an inspection of your apartment next week" is sufficient notice. If he breaks down the door to get in, that's one thing. But, if he knocks and you don't answer, he has complied with the agreement, and is within his rights to enter. If he knocks and you're there, you are pretty much obligated to let him in if it's a reasonable hour. That's also probably stipulated in the agreement.
However, if he had reason to believe you were doing something illegal, he doesn't need your permission. You're lucky he didn't have the police with him.
You may have a glimmer of hope if he said, "I'll be making an inspection of the property Monday at 2:00 PM," and shows up Wednesday at 7:00 AM. But it's only a glimmer.
As for the pot. If it's medicinal, you had better have a prescription from a real doctor, and a legitimate need for it, and you'd better live where such a prescription is legal. And then you may have a glimmer of hope. But it'll be up to the judge if you pursue it.
There's very little chance he's broken the law. And from the tenor of your comments, it appears there's little doubt that you have broken the law. I'd move out before it goes to court and find another place to stay. Or you can go to court and perhaps get free room and board for a while -- but I doubt you're going to be allowed your "medicine" there. |
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wayfaroutthere
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Move out.
If you decide to play hardball, who loses? (oops, american expression, I'll try again).
If this ends up in court, what do you think is going to happen, and is there any way it could end up being good for you? |
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rustynail
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If your landlord believed his property was being used for an illegal purpose he had every right to enter and inspect it. Especially as he had already given you 24 hours notice . He would be found guilty of a crime if the police found that the premises was used for this purpose. Get yourself out and count yourself lucky that it was your landlord not the cops that found the cannabis. |
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budhah1
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Rusty nail is right.
You have been served notice to vacate, and he entered to see what shape his place is in. Read the lease. Landlords are allowed in your unit for several reasons. Notice need not be given in most cases for repairs and inspections.
Landlords do not have to give entry notice in most states. It is their property and they have the right to inspect their units, during reasonable hours, I had a dorm and we entered every room on a monthly basis for pest control. Some did not like it, and were told to move... They stayed after checking other units. LOL You would not beleive how many bugs we found when bought the unit, but using MAX FORCE killed them in weeks. The rooms also became a lot cleaner.
If he found drugs in your place you are using his unit for illegal purpose and he could loose his building. I went thru this with a swat team bust on one of my units years ago. They had riot guns swat suits , and ak47s stuck in my renters faces. TV crews were there, and I was surely questioned by the police. Turned out to be just a couple of students selling a bit to make ends meet to get thru school, and they got off by naming suppliers.
You are one of the landlords worst nightmares. The police will side with him as will any court in the land. Even if you have med reasons for the stuff, you will have to give up your supplier. |
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Sam
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Course of action: Get your medicinal bong and smoke the medicinal cannabis before your landlord gets back |
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stanthemansmum
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First of all, did he take anything as proof? If not, just deny it was cannabis - a rolled up cigarette looks very similar. If he did give you 24 hours, he should still have given you a time and stuck to it! You are entitled to go out.
It does not matter if the flat was messy - as long as it was messy and not really dirty. You are entitled to live the way you want to as long as you do no damage to the property.
The landlord is more in the wrong but for your own peace of mind, try and find somewhere else. Don't pay him any more rent and obviously, don't put him down as a reference! |
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FluffyPinkThing
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You could lose more than your deposit! |
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Butternut27
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what state your flat is ..is your business....go to citizens advice.... |
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reenzz
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In most states, if the landlord suspects their is illegal activity going on, he may or have the police enter the unit without notice. Check you local landlord/tenant laws. |
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poyzunusss
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His problem. He's not allowed to enter your home without your permission UNLESS its an emergency. I dont care if you had heroine in your home.... |
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chancedanger
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It is his word against yours as to what was found. I would call the police and have him arrested for trepassing. If there were no witnesses i would wait till it happened again and hurt him upon entering. |
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referee
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He is, he is´nt allowed in your home without your permission. Thats againest the law, good luck. |
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