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Old 10-04-2010, 01:20 PM
 
1 posts, read 1,696 times
Reputation: 10

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Hi!

I'm looking at purchasing a multi-plex. The problem is that the current owner just finished signing each tenant to a 1 year lease.While the 1 year lease is not the problem, the issue is that one of the tenants is a “Medical Marijuana” grower. My lease strictly forbid ANY smoking and has a Zero drug tolerance.

Never having met the tenants, this is NOT a tenant I would have accepted. Assuming that there are no grounds to terminate the lease, is there any way I can force a buyout of the existing lease? I know it will cost me $$ but I believe it would be worth it.

Thanks!

Last edited by ElkHunter; 10-04-2010 at 04:23 PM.. Reason: Fixed the post
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Old 10-04-2010, 05:06 PM
 
Location: In The Outland
6,038 posts, read 6,882,111 times
Reputation: 3535
If the grower is not violating any law and he has a lease that didn't prevent him from doing a grow operation I would advise you to accept it. Unless you want to end up on the butt end of a costly lawsuit. Those with leases you will be stuck with and you are free to not renew their leases when they expire with proper legal notice.
Another thing to remember is that the growers are getting filthy rich and the growers and can hire very expensive lawyers that may eat you alive and make your life a living hell if you buy and try to get rid of them by a deceitful method as some landlords have been known to do. You can not force a lease buyout on anyone.
If you are not willing to accept that situation you may want to pass on that property and keep looking.

Last edited by Rickers; 10-04-2010 at 05:15 PM..
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Old 10-04-2010, 05:55 PM
 
Location: State of General Disarray
837 posts, read 745,327 times
Reputation: 1340
Agreed w/Rickers with an additional caveat: You're likely to suffer some seriously bad publicity and alienate the other tenants if you kick out the grower. His lease is legally binding. Look for another property.
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Old 10-04-2010, 07:08 PM
 
Location: Spots Wyoming
18,048 posts, read 23,074,178 times
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Let me if I have this correct. Several people in the complex signed a 1 year lease pryor to your purchase.

Those folks are not responsible to follow "your" rules. They signed a lease that had rules. Your rules don't apply until the lease runs out. For anything. Somebody might have a cat. If they had it before the lease was signed, you can't make them get rid of the cat.
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Old 10-05-2010, 09:02 AM
 
Location: Where the mountains touch the sky
2,831 posts, read 2,317,313 times
Reputation: 3578
Quote:
Originally Posted by rickers View Post
If the grower is not violating any law and he has a lease that didn't prevent him from doing a grow operation I would advise you to accept it.
Problem is there, he is violating law, Federal law.
Also, we have the "Clean Air laws" in Montana so if he is toking in the public areas of the unit, he would also be violating that.
If there are children in the complex, there may also be child endangerment issues.

Also, the Montana Constitution claims we all have the right to a "Clean and Healthful environment" but doesn't set any perameters on what that environment is.
If you can throw a meth lab off your property......

A friend of mine in Helena is currently leaving the complex she lives in because there are so many stoners in the building the place reeks and she doesn't want her kids loaded on second hand toke.

I know, I know, we have state laws to grow weed. But... as it violates federal laws, you might have a case.
Several citys and towns around the state are currently putting severe restrictions on dope in the limits of their municipalities.
Great Falls, Cascade, Bozeman, Billings all have city laws on the books now, and Helena is starting the process.

If you are buying the place, perhaps look for a more welcoming property where you don't have to abide by a signed lease.
You can offer to buy out the lease, never hurts to try.

The court case talked about above should be avoided, but could be VERY interesting case law.
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Old 10-05-2010, 09:37 AM
 
Location: In The Outland
6,038 posts, read 6,882,111 times
Reputation: 3535
Quote:
Originally Posted by [LEFT
MTSilvertip[/left];16148689]Problem is there, he is violating law, Federal law. interesting case law.
Actually he may not be as all the other pot growers may not be as the federal laws are contradictory.
The federal government limits the medical growers in all the states that have legal medical MJ to legally grow no more than 99 plants so that is decriminalization by default.
If the op buys the place they will have to let the grower do his thing until his lease runs out. I have a place for rent right now that I would let a grower do an operation in, no problem.

Last edited by Rickers; 10-05-2010 at 09:51 AM..
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