Pubdate: Thu, 25 Dec 2014
Source: Westword (Denver, CO)
Column: Ask a Stoner
Copyright: 2014 Village Voice Media
Contact: http://www.westword.com/feedback/EmailAnEmployee?department=letters
Website: http://www.westword.com/
Details: http://www.mapinc.org/media/1616
Author: William Breathes

LANDLORDS, TENANTS AND HOME GROWS

Dear Stoner: I am a landlord who lives two hours away from our rental 
in Pueblo. Last week I discovered that our new tenants are using our 
house as a grow house without our consent. I have no problem with 
Amendment 64 or using the house in that manner, but that's not what 
we agreed on. Just wondering if you have any information or ideas for 
us as landlords as to our rights and how we can approach this to 
benefit everybody.

Baffled Near Boulder

Dear Baffled: As a landlord, you have the final say on what can and 
can't go down on your property. Amendment 64 and Colorado's medical 
cannabis laws allow people to grow pot in a home with their 
landlord's permission - but the laws also give you the right to 
prohibit growing on your property. There are plenty of reasons to go 
either way. While state law prevents your property from being seized 
by the state if your tenants end up growing more than they should and 
get busted by state cops, that won't prevent the feds from taking 
your property if they lead the investigation.

And you also need to look into local laws and ordinances regarding 
grow houses. In Pueblo, that can be a contentious issue. There have 
been enough complaints in recent months that the Pueblo City Council 
spent much of December passing regulations further limiting home 
grows. Under those new rules, growing can only take place in a 
"detached one-family residence" or in a detached structure if the 
property is multi-family (like a duplex). Grow spaces can't be larger 
than 100 square feet and plants can't get taller than ten feet. Most 
important, renters in Pueblo must have written permission from the 
property owner before growing any cannabis.

If the lease that the tenants signed doesn't have language expressly 
allowing them to use the house as a grow operation, then you could 
haul them into municipal court for violating the contract. As a 
cannabis-sympathetic human being, though, you know that that could 
bring some unwanted legal trouble down on the growers. Our advice 
would be to talk with them and explain the city ordinances. If they 
want to keep on growing, you'd be smart to propose a new lease making 
it clear that they have your permission as long as the grow stays 
within the boundaries set by the city. And if you think a higher rent 
would make you more comfortable with their activities, you're well 
within your rights to ask for it.
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MAP posted-by: Jay Bergstrom