WHAT LANDLORDS NEED TO KNOW ABOUT THE LEGALIZATION OF MARIJUANA (AMENDMENT 64)

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "WHAT LANDLORDS NEED TO KNOW ABOUT THE LEGALIZATION OF MARIJUANA (AMENDMENT 64)"

Transcription

1 WHAT LANDLORDS NEED TO KNOW ABOUT THE LEGALIZATION OF MARIJUANA (AMENDMENT 64) The election results are final. Colorado along with Washington State became the first two states to legalize the recreational use of marijuana. Although, while Amendment 64 has been widely publicized and will have some impact on the rental industry, the legal impact of Amendment 64 on landlord rights is minimal. However, landlords should review rental criteria, lease documents, and marijuana policies to ensure policies are clear. Landlords should also educate and train employees about the company marijuana policy to ensure effective implementation of those policies. Amendment 64 does not go into effect until the election results are certified by the Governor, which could be at any time. Amendment 64 has two major components. First, the legalization of the recreational use of marijuana. Second, the creation of a regulated marijuana industry in Colorado. Amendment 64 regulates marijuana like alcohol. For example, similar to alcohol, a person has to be over 21 to purchase marijuana, and driving under the influence of marijuana is illegal. Because the regulation of a marijuana industry has little effect on residential landlords in the short run, residential landlords are primarily affected by the use and possession component of Amendment 64. Amendment 64 also legalizes the growing of no more than six marijuana plants with three or fewer being mature. Persons who grow their own marijuana are also legally entitled to possess the marijuana produced by the plants on the premises where the plants where grown. However, all marijuana growing must take place in an enclosed, locked space, and cannot be conducted publicly. Individuals who grow their own marijuana may not make any grown marijuana available for public sale. Given Amendment 64, can a landlord still prohibit tenants from using marijuana on leased property? Yes. Regardless of Colorado law (Amendment 64), marijuana is still illegal under federal law. Specifically, marijuana is a banned Class I controlled substance under the Controlled Substances Act (CSA). Federal law supersedes Colorado law. The United States Department of Justice (DOJ), headed by the U.S. Attorney General, enforces federal criminal laws. U.S. Attorney General Eric Holder said back in 2009 that federal officials were committed to enforcing the CSA. The U.S.

2 Attorney for Colorado has prosecuted Coloradans for growing, selling, and possessing marijuana, even if they claimed protection under the state s medical marijuana laws. However, what the federal government says, and what it does, are two different things. Specifically, even though the federal government says the CSA will be enforced, the federal government has only prosecuted the most blatant marijuana offenders, and only those individuals growing or selling significant quantities of marijuana. The federal government has never enforced federal forfeiture laws against an apartment community because a tenant was smoking pot. It is not clear whether the Feds lack of enforcement is by choice. However, the reality is that the Feds simply lack the resources to enforce the CSA on a significant scale against individual tenants smoking pot. Thus, the probability of a landlord being prosecuted by the Feds for tenant pot use is slim to none. Amendment 64 specifically repeals the right of Colorado to confiscate a landlord s property through drug forfeiture laws. Similar to federal law, Amendment 64 recognizes the right of a landlord to restrict marijuana use on leased property. Amendment 64 specifically states that nothing shall prohibit any person who owns or controls a property from prohibiting or otherwise regulating the possession, consumption, use, or growing of marijuana on that property. Thus, a tenant s right to legally possess, use, and grow marijuana under Amendment 64 doesn t grant the tenant the right to possess, use, or grow marijuana on your property if you decide to prohibit it. Additionally, Amendment 64 doesn t give a landlord s employees or management company s employees the right to use marijuana if the employer decides to prohibit or restrict such use. Amendment 64 specifically states that nothing in the law is intended to require an employer to permit or accommodate the use of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees. Accordingly, landlords may still require drug testing as a condition of employment. Most landlords who currently prohibit the use of marijuana will not need to change any lease documents. Landlords primarily prohibit the use of marijuana through Crime and Drug Free Lease Addendums. These addendums typically define crime or drug related crime by referring to state or federal law. For example, drug related criminal activity means the manufacture, sale, distribution, use or possession of a controlled substance, as defined by law. If your crime and drug free addendum refers

3 to federal law, you do not need to make any changes. If your crime and drug free addendum refers to Colorado law, your addendum will need to be modified to refer to federal law. Because after the passage of Amendment 64, some forms of marijuana use and possession are no longer criminal acts under Colorado law. Under Colorado law, a landlord has the right to terminate a tenant s right to possession for non-monetary lease violations if the right to terminate is set forth in the lease. Despite the law, some judges are reluctant to kick a tenant out of their home for some non-monetary lease violations if the tenant has not been given an opportunity to cure. For example, many leases contain the right to terminate for unauthorized pets with no opportunity to cure. Over time, courts have become more and more reluctant to enforce pet violation termination clauses without giving the tenant an opportunity to get rid of the non-complying pet. Currently, marijuana use is a termination issue; meaning upon violation the tenant is not given an opportunity to cure. Given the conflict between federal and Colorado law, and if marijuana becomes more widely used and accepted in Colorado society because of Amendment 64, use of marijuana, even on a prohibited property, could become a compliance issue rather than a termination issue. We will keep our clients fully advised if we start to see a trend in the verdicts from marijuana related cases. As a practical matter, marijuana termination cases will become more difficult to prove. Currently, a strong marijuana termination case consists of a violation, and a police report or an arrest. Police officers carry significant clout in court to the point many tenants just move or don t show up. Because use is now legal, police won t be making any arrests, issuing any reports, or showing up to testify in the vast majority of cases. In most cases, the legalization of marijuana has also eliminated the leverage of landlords against tenants who were growing pot. Before Amendment 64, if a resident was growing pot, a manager could often get rid of a pot-growing tenant by simply threatening to call the police. We can do this the easy way, or the hard way. You can either move out, or I m going to call the police and tell them you have been growing pot. If you allow marijuana use, your lease documents should clearly state that use does not including growing marijuana. Allowing tenants to grow marijuana can result in significant problems including mold. If you are going to allow marijuana use, your lease documents should also make it clear that a tenant s marijuana use will not be

4 allowed to disturb other residents. For example, tenant s marijuana use shall not disturb the rights, comforts, and quiet enjoyment of other tenants. You should consider publishing the community s marijuana policies to prospective tenants as part of your rental criteria if the community does not allow marijuana use. Your policy could state that under Colorado law, some marijuana use is legal, however, under Colorado law landlords also have the right to prohibit the use of marijuana on leased property, and that the landlord has elected to prohibit marijuana use on the property, and that violation will result in eviction. By addressing the marijuana issue up front, applicants and tenants will be clear on your policies resulting in fewer tenant confrontations down the road. Amendment 64 did not change Colorado s medical marijuana laws. However, because recreational use is now legal, Amendment 64 will expand the universe of persons who will openly admit to using marijuana, and thus is likely to increase the number of tenants who claim to be using marijuana for disability related needs. Accordingly, you should anticipate a significant increase of marijuana related reasonable accommodation requests. Similar to medical marijuana related disability reasonable accommodation requests, your onsite teams should be informed about company policy, and properly trained on how to handle such requests. Landlords can adopt three policies regarding medical marijuana, and thus three policies regarding the recreational use of marijuana. One, prohibit the use of marijuana, even if the tenant makes a request for reasonable accommodations under fair housing laws, based on marijuana being a felony under the CSA. Two, deny recreational use of marijuana, based on the CSA, but engage in an ongoing dialogue and evaluation if anyone makes a disability request to use marijuana as a reasonable accommodation under fair housing laws. Three, allow the use of marijuana but prohibit marijuana growing. Landlords should adopt both a medical marijuana policy and a recreational marijuana policy. For example, you could prohibit the use of recreational marijuana (Policy 1), but allow the use of medical marijuana as a reasonable accommodation (Policy 2). A landlord s medical marijuana and recreational marijuana policies don t necessarily need to match, but matching policies will cause less confusion with managers and onsite teams. If your property or tenants receive federal subsidies and are subject to federal regulations banning the use of marijuana, you should adopt a

5 prohibition policy to avoid being in violation of federal regulations and potentially losing subsidies. For a complete discussion of medical marijuana policies, see the February 2010 and May 2011 issues of Landlord News, available to clients at our website (thslawfirm.com). While the establishment and the regulation of a marijuana industry has little legal effect on Colorado landlords in the short run, the practical effect over time may be more significant. While there are no precise statistics, studies show that twelve to fourteen percent of the population regularly uses marijuana. Nearly, fifty-five percent of Coloradoans voted to legalize marijuana, including the establishment of marijuana retail stores. Whether marijuana retail stores become a reality remains uncertain given the conflict between federal and Colorado law. However, if marijuana retail stores become a reality in 2014, marijuana use may or could become widely accepted in Colorado society. Thus, similar to smokers (20% of the population), marijuana users could constitute a significant percentage of the rental population. Thus, Amendment 64 may result in landlords having to decide whether they want to forego renting to a significant percentage of potential tenants.

FAQs Recreational Marijuana in Oregon

FAQs Recreational Marijuana in Oregon FAQs Recreational Marijuana in Oregon RECREATIONAL MARIJUANA IN GENERAL Q: What is the purpose of legalizing recreational marijuana? A: As stated in Measure 91, the purpose of the Act is to: Eliminate

More information

Chapter 11. Resources

Chapter 11. Resources Rental Law and the Eviction Process (Forcible Entry and Detainer) In Illinois, the law which defines the process of eviction in this state is known as the Forcible Entry and Detainer Act. The Forcible

More information

State Laws Legalizing Marijuana Do Not Make Marijuana Legal Under

State Laws Legalizing Marijuana Do Not Make Marijuana Legal Under State Laws Legalizing Marijuana Do Not Make Marijuana Legal Under Federal Law David G. Evans, Esq. Over the last several years, a few states have passed legislation or have fostered ballot initiatives

More information

Whether Medical Marijuana is a Reasonable Accommodation

Whether Medical Marijuana is a Reasonable Accommodation Last updated, August 21, 2014 Whether Medical Marijuana is a Reasonable Accommodation Annie D. Murphy, attorney Dufford, Waldeck, Milburn & Krohn 744 Horizon Ct., Ste. 300 Grand Junction, CO 81506 (970)

More information

The Regulate, Control and Tax Cannabis Act of 2010

The Regulate, Control and Tax Cannabis Act of 2010 The Regulate, Control and Tax Cannabis Act of 2010 Title and Summary: Changes California Law to Legalize Marijuana and Allow It to Be Regulated and Taxed. Initiative Statute. Allows people 21 years old

More information

The Consequences of a Juvenile Delinquency Record in Minnesota

The Consequences of a Juvenile Delinquency Record in Minnesota The Consequences of a Juvenile Delinquency Record in Minnesota 1. Is it true that a juvenile delinquency record will not limit a young person s future opportunities in Minnesota? No, it is not true. Although

More information

Utah Eviction Training

Utah Eviction Training Utah Eviction Training Presented dby Attorney Jeremy Shorts www.utahevictionlaw.com info@utahevictionlaw.com 801-610-9879 You ll be hearing PLENTY of free legal advice & war stories To start Don t rent

More information

Preprinted Logo will go here

Preprinted Logo will go here June 15, 2015 Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814 Attention: Ms. Ashley Johansson Initiative Coordinator Dear Attorney General Harris: Pursuant

More information

Are Employee Drug Tests Going Up in Smoke?

Are Employee Drug Tests Going Up in Smoke? Are Employee Drug Tests Going Up in Smoke? Robert D. Meyers Meghan K. McMahon On January 1, 2014, the nation s first marijuana retail stores opened in Colorado. This landmark event came approximately 14

More information

New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking

New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking Victims of domestic violence, rape, sexual assault and stalking have increased rights and protections under a new

More information

OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS OVERVIEW OF OHIO LANDLORD-TENANT LAW RIGHTS AND DUTIES OF LANDLORDS AND TENANTS 50 South Court St. Suite D Athens, OH 45701 Phone: (740) 594-8093 www.studentlegalrights.org WHO WE ARE The Center for Student

More information

SOUTH CAROLINA BAR. Tenants Rights and the Law

SOUTH CAROLINA BAR. Tenants Rights and the Law SOUTH CAROLINA BAR Tenants Rights and the Law YOUR AGREEMENT TO RENT The rental agreement should include the amount of rent, the date of the payment and the rights and obligations of the tenant and the

More information

Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories

Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories NOTE: We answered a substantial number of the questions received; however, we

More information

The eviction process. The eviction process. Non-payment of rent

The eviction process. The eviction process. Non-payment of rent The eviction process The eviction process is the only legal means by which a landlord can get a tenant to leave their home. Landlords usually file eviction actions because of a violation of the lease terms,

More information

MARYLAND S MARIJUANA LAWS

MARYLAND S MARIJUANA LAWS MARYLAND S MARIJUANA LAWS Maryland drug possession laws saw drastic change in April 2014 when Governor Martin O Malley signed legislation that decriminalized the possession of small amounts of marijuana

More information

Amendment 64 Use and Regulation of Marijuana

Amendment 64 Use and Regulation of Marijuana Amendment 64 Use and Regulation of Marijuana 1 Ballot Title: Shall there be an amendment to the Colorado constitution 2 concerning marijuana, and, in connection therewith, providing for the regulation

More information

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE Summary PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE JOINT FORMAL OPINION 2015-100 PROVIDING ADVICE TO

More information

MODEL LEASE FOR SUBSIDIZED PROGRAMS. 1. Parties and The parties to this Agreement are, referred to as the Landlord, and

MODEL LEASE FOR SUBSIDIZED PROGRAMS. 1. Parties and The parties to this Agreement are, referred to as the Landlord, and MODEL LEASE FOR SUBSIDIZED PROGRAMS (A) 1. Parties and The parties to this Agreement are Dwelling, referred to as the Unit: Landlord, and (B), referred to as the Tenant. The Landlord leases (C) to the

More information

Chapter 13 confirmation Controlled substance Good faith Medical marijuana ORS 475.304(7) ORS 475.316 11 USC 1325. Michael McGinnis, Case No.

Chapter 13 confirmation Controlled substance Good faith Medical marijuana ORS 475.304(7) ORS 475.316 11 USC 1325. Michael McGinnis, Case No. Chapter confirmation Controlled substance Good faith Medical marijuana ORS.0() ORS. USC Michael McGinnis, Case No. -000 //0 FRA Unpublished Debtor filed a Pre-Confirmation Amended Plan which depended on

More information

IN ADDICTION RECOVERY: KNOW YOUR RIGHTS

IN ADDICTION RECOVERY: KNOW YOUR RIGHTS IN ADDICTION RECOVERY: KNOW YOUR RIGHTS GAIN FAIR ACCESS TO JOBS, HOUSING AND HEALTH CARE SERVICES Promoting Addiction Treatment, Prevention, and Recovery through Advocacy and Education ;Public Policy

More information

PROPOSED ADMINISTRATIVE REGULATION. Joint Academic Senate Student Affairs Committee

PROPOSED ADMINISTRATIVE REGULATION. Joint Academic Senate Student Affairs Committee PROPOSED ADMINISTRATIVE REGULATION DATE: January 29, 2010 TO: FROM: SUBJECT: Joint Academic Senate Student Affairs Committee Robert Myers, Campus Counsel AR on Medical Marijuana The College would like

More information

YOUR RIGHTS AS A TENANT

YOUR RIGHTS AS A TENANT YOUR RIGHTS AS A TENANT Under Virginia Law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. The specific rights you have depend on whether or not

More information

Criminal Records & Employment

Criminal Records & Employment Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of

More information

Gordon Warren Epperly c/o P.O. Box 34358 Juneau, Alaska 99803. Tel: (907) 789-5659

Gordon Warren Epperly c/o P.O. Box 34358 Juneau, Alaska 99803. Tel: (907) 789-5659 Gordon Warren Epperly c/o P.O. Box 34358 Juneau, Alaska 99803 Tel: (907) 789-5659 December 15, 2014 Sally Amanda Marshall United States Attorney 1000 SW Third Ave, Suite 600 Portland, Oregon 97204 Dear

More information

Legal Aid of North Carolina

Legal Aid of North Carolina LANDLORD/TENANT LAW Landlord-Tenant Laws Table of Contents Legal Aid of North Carolina Greensboro Office 122 North Elm Street Suite 700 Greensboro, NC 27401 Legal Aid of North Carolina Greensboro Office

More information

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases

When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases Chapter 13 Evictions Legal Tactics: Tenants Rights in Massachusetts Seventh Edition, Revised May 2014 When Can a Landlord Evict... 3 1. Tenants with Leases 2. Tenants without Leases When Is Eviction Illegal...

More information

Must an Employer Accommodate?

Must an Employer Accommodate? Must an Employer Accommodate? 1998: Washington passes the Medicinal Use of Marijuana Act (MUMA)/Medical Cannabis: RCW 69.51A Passed with 59% of the vote. Permits health care professionals to authorize

More information

Housing Discrimination and Federal Law

Housing Discrimination and Federal Law People with epilepsy may face discrimination in many aspects of life, including housing. The federal Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibit discrimination

More information

From Pipe Dream to Reality: Opening a Pot Shop in Denver

From Pipe Dream to Reality: Opening a Pot Shop in Denver From Pipe Dream to Reality: Opening a Pot Shop in Denver Presented on November 19, 2014 From Pipe Dream to Reality: Opening a Pot Shop in Denver Presented on November 19, 2014 We ve Come A Long Way We

More information

New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service

New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service GROUNDS FOR AN EVICTION BULLETIN Updated February 2008 An eviction is an actual expulsion

More information

Chapter 8: Introduction to the Eviction Process

Chapter 8: Introduction to the Eviction Process Chapter 8: Introduction to the Eviction Process A. What do I do if I am facing eviction? You should take the following steps: Get legal help as soon as possible. If you have a lease agreement, a document

More information

How Much Rent Can a Landlord Charge... 45. Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants at Sufferance

How Much Rent Can a Landlord Charge... 45. Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants at Sufferance Chapter 5 Rents Legal Tactics: Tenants' Rights in Massachusetts Seventh Edition, July 2008 How Much Rent Can a Landlord Charge... 45 Paying Rent... 45 1. Tenants at Will and Tenants with Leases 2. Tenants

More information

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving

More information

Foreclosure Information for Tenants 1

Foreclosure Information for Tenants 1 Foreclosure Information for Tenants 1 1. I just found out my building is in foreclosure, what should I do? The first thing to do when you get notice that your home is in foreclosure is to send a copy of

More information

ORDINANCE NO. 72 THE TOWNSHIP BOARD OF TRUSTEES FOR THE CHARTER TOWNSHIP OF LANSING HEREBY ORDAINS:

ORDINANCE NO. 72 THE TOWNSHIP BOARD OF TRUSTEES FOR THE CHARTER TOWNSHIP OF LANSING HEREBY ORDAINS: ORDINANCE NO. 72 AN ORDINANCE OF THE CHARTER TOWNSHIP OF LANSING, INGHAM COUNTY, MICHIGAN, PROVIDING THAT THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF LANSING, MICHIGAN, BE AMENDED BY ADDING CHAPTER 71

More information

LEGISLATIVE ANALYST REPORT

LEGISLATIVE ANALYST REPORT Medical Marijuana Collectives (File No. 031676) (OLA #:023-03) LEGISLATIVE ANALYST REPORT To: Members of the Board of Supervisors From: Adam Van de Water, Office of the Legislative Analyst Date: February

More information

Your Rights Under the Protecting Tenants at Foreclosure Act

Your Rights Under the Protecting Tenants at Foreclosure Act Your Rights Under the Protecting Tenants at Foreclosure Act Are you a renting a house that is in foreclosure or has been foreclosed? Under the Protecting Tenants at Foreclosure Act (PTFA) a new owner needs

More information

*** NO EMAIL OR FAXES ALLOWED! ***

*** NO EMAIL OR FAXES ALLOWED! *** RENTAL APPLICATION CHECK LIST: Meadows on the Green 100 Meadows Circle Boynton Beach, FL 33436 Phone 561-967-9489 Date of Application Unit #: $150.00 Payable to: Meadows on the Green (Cashier's Check or

More information

Notice that you must leave a brief guide for landlords and tenants. housing

Notice that you must leave a brief guide for landlords and tenants. housing Notice that you must leave a brief guide for landlords and tenants housing Notice that you must leave This booklet explains the basic rules about bringing a residential tenancy (or licence) to an end:

More information

ORDINANCE NO. 2009-6 AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS

ORDINANCE NO. 2009-6 AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS ORDINANCE NO. 2009-6 AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS WHEREAS, in 1996, the voters of the State of California approved Proposition

More information

ORDINANCE #18 MARIJUANA ESTABLISHMENTS PROHIBITED

ORDINANCE #18 MARIJUANA ESTABLISHMENTS PROHIBITED ORDINANCE #18 MARIJUANA ESTABLISHMENTS PROHIBITED AN ORDINANCE PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES AND

More information

UPL ADVISORY OPINION UPL 04-02 (October 2004) Property Management Companies

UPL ADVISORY OPINION UPL 04-02 (October 2004) Property Management Companies UPL ADVISORY OPINION UPL 04-02 (October 2004) Property Management Companies This is an Advisory Opinion regarding Rule 31 of the Rules of the Supreme Court of Arizona regarding a property management company

More information

LANDLORD-TENANT LAW. Damage to the property; Unpaid rent; and Other unpaid debts.

LANDLORD-TENANT LAW. Damage to the property; Unpaid rent; and Other unpaid debts. LANDLORD-TENANT LAW Most college students lease apartments or homes while pursuing their studies. It is therefore highly beneficial for students to have a good understanding of landlord-tenant law, which

More information

Landlord Guide. Information for Landlords in British Columbia

Landlord Guide. Information for Landlords in British Columbia Landlord Guide Information for Landlords in British Columbia Landlord Guide Introduction Provincial governments across Canada recognize the need to balance the interests of homeowners and home renters.

More information

HOUSING RIGHTS FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING SURVIVORS

HOUSING RIGHTS FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING SURVIVORS HOUSING RIGHTS FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING SURVIVORS Your landlord may not discriminate against you because you are a victim of dating or domestic violence, sexual assault or stalking.

More information

EveryOne Home Property Management Partner Guidelines

EveryOne Home Property Management Partner Guidelines EveryOne Home Property Management Partner Guidelines Introduction The EveryOne Home Plan calls for ending homelessness by 2020 by creating 15,000 housing opportunities for the homeless and those living

More information

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RECOMMENDATION AND REPORT RECOMMENDATION

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RECOMMENDATION AND REPORT RECOMMENDATION PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE RECOMMENDATION AND REPORT RECOMMENDATION The PBA Legal Ethics and Professional Responsibility Committee recommends that

More information

COLORADO REVISED STATUTES

COLORADO REVISED STATUTES COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the First Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) *** TITLE 18.

More information

Landlord-Tenant Law FOR RENT

Landlord-Tenant Law FOR RENT Landlord-Tenant Law FOR RENT The Landlord-Tenant Act In 1974, the Nebraska Legislature passed the Uniform Residential Landlord and Tenant Act. This law governs oral and written agreements for residential

More information

Wisconsin Consumer Protection Laws

Wisconsin Consumer Protection Laws Wisconsin Consumer Protection Laws Landlord-Tenant Practices Unfair Rental Practices The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates unfair and deceptive business

More information

Seniors and Senior Housing What Every Elder Law Attorney Needs to Know

Seniors and Senior Housing What Every Elder Law Attorney Needs to Know Seniors and Senior Housing What Every Elder Law Attorney Needs to Know 2013 ELDER LAW INSTITUTE October 30, 2013 Barb Blumer Barb Blumer Law, P.A. 651-454-7838 barbblumer@comcast.net Overview Types and

More information

How a Landlord Can End a Tenancy

How a Landlord Can End a Tenancy How a Landlord Can End a Tenancy Information in this brochure The Residential Tenancies Act (the Act) has rules for how a landlord can end a residential tenancy and evict a tenant. This brochure provides

More information

FLOOD DAMAGES AND YOUR PROPERTY: How To Deal With Your Legal Issues

FLOOD DAMAGES AND YOUR PROPERTY: How To Deal With Your Legal Issues FLOOD DAMAGES AND YOUR PROPERTY: How To Deal With Your Legal Issues Sadly, the recent floods have affected countless rental units and tenants. The floods devastation have resulted in possibly over a billion

More information

Frequently Asked Questions (FAQS) Sober Houses/Recovery Residences

Frequently Asked Questions (FAQS) Sober Houses/Recovery Residences I. What is a Sober House? Frequently Asked Questions (FAQS) Sober Houses/Recovery Residences A Sober House is a group home for persons in recovery from drug/alcohol abuse. It is intended to be the last

More information

INFORMATION FOR LANDLORDS

INFORMATION FOR LANDLORDS NEW JERSEY JUDICIARY INFORMATION FOR LANDLORDS Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Landlords page 1 Most disputes between landlords and

More information

No Eastern International student shall coerce, even subtly, another Eastern International student to use drugs or alcohol.

No Eastern International student shall coerce, even subtly, another Eastern International student to use drugs or alcohol. Eastern International College Alcohol and Drug Policy for Students and Employees This Policy applies to all students on any Eastern International College property or at any activity sponsored or authorized

More information

Landlord s Legal Guide to Renting in Illinois

Landlord s Legal Guide to Renting in Illinois Landlord s Legal Guide to Renting in Illinois TRISTAN & CERVANTES 30 W. MONROE STREET, SUITE 630 CHICAGO, IL 60603 312-345- 9200 www.tristancervantes.com Welcome to Tristan & Cervantes Tristan & Cervantes

More information

Southern Arizona Legal Aid, Inc. Consumer Information February 2014

Southern Arizona Legal Aid, Inc. Consumer Information February 2014 Southern Arizona Legal Aid, Inc. Consumer Information February 2014 1 Landlord & Tenant Issues Which Law Applies?» Arizona Residential Landlord Tenant Act Applies to rental units» Arizona Mobile Home Parks

More information

URGENCY ORDINANCE NO. 1235

URGENCY ORDINANCE NO. 1235 URGENCY ORDINANCE NO. 1235 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA

More information

Medical Marijuana Laws Raise New Concerns for the Hospitality Industry. Gallagher Hospitality Practice

Medical Marijuana Laws Raise New Concerns for the Hospitality Industry. Gallagher Hospitality Practice Medical Marijuana Laws Raise New Concerns for the Hospitality Industry Gallagher Hospitality Practice Medical Marijuana Laws Raise New Concerns for the Hospitality Industry The use of marijuana for medicinal

More information

A chart summarizing the main enforcement provisions of the new law is included in this order as Attachment A.

A chart summarizing the main enforcement provisions of the new law is included in this order as Attachment A. SPECIAL ORDER DISTRICT OF COLUMBIA Title Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014 (Initiative 71) Number SO-15-07 Effective Date February 26, 2015

More information

Boston Smoke Free Homes Landlord Guide

Boston Smoke Free Homes Landlord Guide Boston Smoke Free Homes Landlord Guide Boston Public Health Commission Boston Smoke Free Homes Initiative Made possible by funding from the United States Department of Health and Human Services, Communities

More information

Denver City Council. David W. Broadwell, Assistant City Attorney

Denver City Council. David W. Broadwell, Assistant City Attorney Department of Law D. Scott Martinez, City Attorney 1437 Bannock St, Room 353 Denver, CO 80202-5375 p: 720.865-8600 f: 720.865-8796 www.denvergov.org/cityattorney TO: FROM: RE: Denver City Council David

More information

A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers

A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers A Guide to the Arizona Residential Landlord and Tenant Act Frequently asked questions and answers This booklet contains typical landlord and tenant questions and answers, along with relevant statute sections.

More information

MARIJUANA DISPENSARIES IN VANCOUVER There ought to be a (Valid)Law LEGAL DISCLAIMER-1

MARIJUANA DISPENSARIES IN VANCOUVER There ought to be a (Valid)Law LEGAL DISCLAIMER-1 MARIJUANA DISPENSARIES IN VANCOUVER There ought to be a (Valid)Law LEGAL DISCLAIMER-1! I don t speak for the Law Society of BC or Simon Fraser University or Thompson Rivers University or the Globe and

More information

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet Section 1: The Eviction Process Section 2: Eviction Answer Packet Section 3: Eviction Answer and Counterclaim Packet Section 4: Possession Bond Hearing Request Packet!! "#!! "$%&%"'! (!(!!!!!!") $# (!(!!((

More information

Tenant Screening. Joining Rockford Apartment Association doesn t cost. It pays! Yearly membership is $99. Tenant Screening

Tenant Screening. Joining Rockford Apartment Association doesn t cost. It pays! Yearly membership is $99. Tenant Screening Tenant Screening This pamphlet is provided courtesy of the Rockford Apartment Association, an organization for owners/managers of single or multi-housing properties in Northern Illinois The Rockford Apartment

More information

This application meets the screening requirements for the following areas:

This application meets the screening requirements for the following areas: INSTRUCTIONS FOR COMPLETING SCREENING APPLICATION This application meets the screening requirements for the following areas: Brookfield HOA - Morrison Creek Estates HOA - Phoenix Park Apartments - Wildwood

More information

HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney

HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney WELCOME HOW DOES BANKRUPTCY AFFECT THE LANDLORD TENANT RELATIONSHIP? Alvarez-Glasman & Colvin Anthony Marinaccio, Attorney WHAT IS BANKRUPTCY? Process Debtor files for bankruptcy. Creates automatic stay.

More information

Know the Law About Family Child Care Homes in California Rental Property

Know the Law About Family Child Care Homes in California Rental Property Know the Law About Family Child Care Homes in California Rental Property When someone cares for a small number of children in her own home and has a state-issued license to do so, she is a family child

More information

Crime Free Multi-Housing. Refresher Course Officer Patrick Murray

Crime Free Multi-Housing. Refresher Course Officer Patrick Murray Crime Free Multi-Housing Refresher Course Officer Patrick Murray Village Ordinance Review Any property being rented out as a dwelling is required to have a rental permit. An owner or agent of any rental

More information

BALLOT LANGUAGE FOR INITIATIVE NO. 178 (I-178) INITIATIVE NO. 178 A LAW PROPOSED BY INITIATIVE PETITION

BALLOT LANGUAGE FOR INITIATIVE NO. 178 (I-178) INITIATIVE NO. 178 A LAW PROPOSED BY INITIATIVE PETITION BALLOT LANGUAGE FOR INITIATIVE NO. 178 (I-178) INITIATIVE NO. 178 A LAW PROPOSED BY INITIATIVE PETITION I-178 legalizes marijuana use in Montana for people 21 years of age or older. I-178 allows for the

More information

DENVER MARIJUANA ORDINANCES (As amended December, 2013) 1

DENVER MARIJUANA ORDINANCES (As amended December, 2013) 1 DENVER MARIJUANA ORDINANCES (As amended December, 2013) 1 Sec. 38-175. Possession or consumption of marijuana. (a) It shall be unlawful for any person under the age of twenty-one (21) to possess one (1)

More information

Understanding Maine s Medical Marijuana Law

Understanding Maine s Medical Marijuana Law Understanding Maine s Medical Marijuana Law Medical Marijuana Laws Alaska (1998) Arizona (1996, 2010) California (1996) Colorado (2000) Delaware (2011)* District of Columbia (2010)* Hawaii (2000) Maine

More information

Rights for Landlords and Tenants. In Covington, Newport, Florence, Dayton, Taylor Mill, Ludlow, Bellevue, and Melbourne

Rights for Landlords and Tenants. In Covington, Newport, Florence, Dayton, Taylor Mill, Ludlow, Bellevue, and Melbourne Rights for Landlords and Tenants In Covington, Newport, Florence, Dayton, Taylor Mill, Ludlow, Bellevue, and Melbourne Sections Pages Important Words..1 You May Need Advice 2 Who is Covered by URLTA..3

More information

NEW YORK RESIDENTIAL LEASE AGREEMENT

NEW YORK RESIDENTIAL LEASE AGREEMENT Date of Agreement: November 14, 2012 NEW YORK RESIDENTIAL LEASE AGREEMENT 1. PARTIES. This Agreement is between John Smith (collectively, the Tenant ) and JLB Properties, a/an New York Limited Liability

More information

What you need to know about EVICTION

What you need to know about EVICTION What you need to know about EVICTION In Milwaukee County you cannot be evicted from your home until the landlord gives you court papers, and the court orders the sheriff to move you out. Eviction is a

More information

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.

More information

NJ Marijuana Defense. 1. Could you please advise me as to the different types of marijuana possession charges that I could receive in New Jersey?

NJ Marijuana Defense. 1. Could you please advise me as to the different types of marijuana possession charges that I could receive in New Jersey? NJ Marijuana Defense 1. Could you please advise me as to the different types of marijuana possession charges that I could receive in New Jersey? New Jersey throws the book at people who are charged with

More information

Sumpter Township Police Department

Sumpter Township Police Department Sumpter Township Police Department APPLICANT INFORMATION MEDICAL MARIJUANA CAREGIVER LICENSE APPLICATION $2,000 Initial License / $1,000 Yearly Renewal Fee (non-refundable) All required information must

More information

TERMINATION OF A TENANCY

TERMINATION OF A TENANCY TERMINATION OF A TENANCY STATUTORY REFERENCES Residential Tenancies Act (RTA) sections: 1(1)(e) fixed term tenancy definition 1(1)(f) landlord definition 1(1)(h) overholding tenant definition 1(1)(i) periodic

More information

SPECIAL ADVISEMENT * * ** TENANT DELAY TACTIC "Claims of Possession" or "Arietta" claims In either a contested or an uncontested unlawful detainer case, a claim of possession or Arietta claim may be filed

More information

Have You Been Denied Housing?

Have You Been Denied Housing? Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Have You Been Denied Housing? How does the rental

More information

FAQ for Tenants & Their Attorneys. 1. How much notice must California tenants receive if evicted because of foreclosure?

FAQ for Tenants & Their Attorneys. 1. How much notice must California tenants receive if evicted because of foreclosure? FAQ for Tenants & Their Attorneys 1. How much notice must California tenants receive if evicted because of foreclosure? Answer: Usually 90 days. CCP 1161b(a) provides that a tenant or subtenant in possession

More information

Seattle City Attorney Peter S. Holmes

Seattle City Attorney Peter S. Holmes Seattle City Attorney Peter S. Holmes January 20, 2011 Members of the Health & Long-Term Care Committee Washington State Senate 466 J.A. Cherberg Building P.O. Box 40466 Olympia, WA 98504-0466 Re: SB 5073

More information

THE CITY ATTORNEY. Michael J. Aguirre CITY OF SAN DIEGO. September 7, 2007 REPORT TO THE COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD SERVICES

THE CITY ATTORNEY. Michael J. Aguirre CITY OF SAN DIEGO. September 7, 2007 REPORT TO THE COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD SERVICES OFFICE OF THE CITY ATTORNEY CITY OF SAN DIEGO Michael J. Aguirre CITY ATTORNEY 1200 THIRD AVENUE, SUITE 1620 SAN DIEGO, CALIFORNIA 92101-4178 TELEPHONE (619) 236-6220 FAX (619) 236-7215 REPORT TO THE COMMITTEE

More information

8.24.010. Chapter 8.24

8.24.010. Chapter 8.24 8.24.010 Chapter 8.24 CULTIVATION AND POSSESSION OF MEDICAL MARIJUANA Sections: 8.24.010 Findings. 8.24.020 Purpose and Intent. 8.24.030 Definitions. 8.24.040 Cultivation of Medical Marijuana 8.24.050

More information

Marijuana: It s Legal, Now What? A Dialogue About America's Changing Attitudes, Laws and What This Means for Families

Marijuana: It s Legal, Now What? A Dialogue About America's Changing Attitudes, Laws and What This Means for Families Marijuana: It s Legal, Now What? A Dialogue About America's Changing Attitudes, Laws and What This Means for Families A Marijuana Attitudes Survey Report Summary Released: July 16, 2013 Background: With

More information

Ticon Properties Rental Application

Ticon Properties Rental Application Ticon Properties Rental Application www.ticonproperties.com Thank you for your interest in Ticon Properties! Enclosed you will find the Rental Application and Qualifying Guidelines. The following checklist

More information

Alcohol (Licensing, Public Health & Criminal Justice) (Scotland) Bill

Alcohol (Licensing, Public Health & Criminal Justice) (Scotland) Bill 1 Alcohol (Licensing, Public Health & Criminal Justice) (Scotland) Bill The Scottish Tourism Alliance (STA) is pleased to have the opportunity to submit this response to the Scottish Government. We do

More information

CRITERIA FOR RESIDENCY AT APARTMENTS RESIDENT SCREENING AND SELECTION PROCESS

CRITERIA FOR RESIDENCY AT APARTMENTS RESIDENT SCREENING AND SELECTION PROCESS OR CRITERIA FOR RESIDENCY AT APARTMENTS RESIDENT SCREENING AND SELECTION PROCESS I. OCCUPANCY POLICY 1. Occupancy is based on the number of bedrooms in a unit. A bedroom is defined as a space within a

More information

BRENTWOOD PLACE APARTMENTS 32 BRENTWOOD PLACE FORSYTH, GA 31029 TENANT SELECTION PLAN MANAGED BY:

BRENTWOOD PLACE APARTMENTS 32 BRENTWOOD PLACE FORSYTH, GA 31029 TENANT SELECTION PLAN MANAGED BY: BRENTWOOD PLACE APARTMENTS 32 BRENTWOOD PLACE FORSYTH, GA 31029 TENANT SELECTION PLAN MANAGED BY: TOWER MANAGEMENT COMPANY, INC. P.O. BOX 509 CASSVILLE, GA 30123 770-386-2921 Effective: April 1, 2016 A

More information

ENGROSSED ORIGINAL A BILL 20-409 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

ENGROSSED ORIGINAL A BILL 20-409 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 0 0 A BILL 0-0 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To make the possession or transfer without remuneration of ounce or less of marijuana a civil violation subject to a fine and to make technical

More information

TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS

TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS TENANTS AND FORECLOSURE: QUESTIONS AND ANSWERS ABOUT RIGHTS FOR LOUISVILLE RENTERS The mission of the Legal Aid Society is to pursue justice for people in poverty. This booklet provides general information

More information

What brings you to the work of the Blue Ribbon Commission, and marijuana?

What brings you to the work of the Blue Ribbon Commission, and marijuana? Policy Perspective: An Interview with Paul Gallegos Paul Gallegos is a private attorney practicing state and federal civil litigation and criminal defense. He served as District Attorney of Humboldt County

More information

Exclusive Listing Agreement beginning, and ending between: SELLER: and BROKER (AGENCY): Phone Agency Address:

Exclusive Listing Agreement beginning, and ending between: SELLER: and BROKER (AGENCY): Phone Agency Address: This form has been certified by the Attorney General to be in compliance with the Plain Language Law. Approval of a consumer contract by the Attorney General only means that simple, understandable and

More information

NEW YORK STATE BAR ASSOCIATION. Rights of Residential Owners and Tenants

NEW YORK STATE BAR ASSOCIATION. Rights of Residential Owners and Tenants NEW YORK STATE BAR ASSOCIATION Rights of Residential Owners and Tenants Caution: The information in this pamphlet is intended as a general guide for informational purposes only, not as legal advice. Special,

More information

Guide to Landlord/Tenant Rights

Guide to Landlord/Tenant Rights The Attorney General s Guide to Landlord/Tenant Rights Commonwealth of Massachusetts Office of Attorney General August 2015 Guide to Landlord/Tenant Rights Massachusetts Attorney General s Office Dear

More information

Information for Residential Tenants

Information for Residential Tenants New Jersey Judiciary Information for Residential Tenants Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Residential Tenants page 1 In New Jersey, you

More information

The Tenant s Handbook

The Tenant s Handbook The Tenant s Handbook INTRODUCTION This booklet attempts to provide you with an overview of your rights and responsibilities as a tenant under Florida Law. This information will help you in taking the

More information