Guest Column: The Renter’s Rant

by Beki Hartmann | February 4, 2010 | Montana Kaimin

Editor’s note: This is a biweekly guest column written by the ASUM Off-Campus Renter Center. Questions can be submitted to the ASUM Suites located on the first floor of the UC, near UM Productions, or e-mailed to .(JavaScript must be enabled to view this email address). The Montana Landlord/Tenant Act and more information about renting in Missoula is available at http://www.umt.edu/asum/rentercenter.

Dear Off-Campus Renter Center,
I am interested in obtaining my license to grow medical marijuana in my apartment. Can my landlord kick me out if he doesn’t like it?
-John

Hi John,

You are asking a very difficult question with a muddy answer.  Although Montana has passed the Medical Marijuana Act, it is still federally illegal to grow and use the substance. Your landlord could claim several statutes of the Montana Landlord/Tenant Act to give him cause to take action against you and here are a few:

1: Mold from creating a humid, mini-greenhouse in your apartment. Mold can be considered a health violation and/or damage to the apartment as outlined in 70-24-321.

2: Growing illegal substances (in this case, according to federal law) as outlined in 70-24-321.

3: Commercial use of your residential unit as outlined in 70-24-322.

Are you on a month-to-month lease? If so, your landlord doesn’t need to give you a reason to give you a 30-day written notice of eviction. Consider this when making your decision.

If on a lease, it appears to be too legally risky to grow medical marijuana in your apartment. Your landlord could have cause to kick you out.

I conclude with a question ... How bad do you want to fight for this right? If the answer is: “Badly!” then I would suggest contacting nonprofits that specialize in fighting for the use of medical marijuana so you can volunteer for the cause. 

Beki Hartmann,
Director, ASUM Off-Campus Renter Center

Disclaimer: The Off-Campus Renter Center does not employ attorneys and the information given here is intended for educational purposes only. Please consult ASUM Legal Services for legal advice.

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