What are a tenants rights regarding Prop 215?

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What are a tenants rights regarding Prop 215?

I am a prop 215 patient that lives in a apartment complex. I am having a problem with my neighbors harassing me about my meds. They are trying to get me either to move to the other side of the complex or just get me kicked out. I have read my lease and no where in it does it say anything about smoking/growing. I am well under my legal limit and follow all the Prop 215 rules. What can I do about this, is there a legal way to handle this?

Asked on March 1, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is really about tenant rights rather than the use of medical marijuana.  You see, you have the same rights as your fellow tenants as  long as those rights do not encroach or interfere with another party's use or enjoyment of their apartment.  It is akin to a cigarette smoker in the building. So although other tenants do not have the ability to evict they can possibly bring an action against the landlord to evict a smoking tenant if the cigarette smoke is bothersome and interferes with their "quiet enjoyment."  Tenants have the responsibility of not disturbing their neighbors. Some leases and rental agreements include a clause that spells out this principle, but it applies to everyone even if it's not in the rental documents.  So maybe you have to medicate yourself somewhere else.


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