Licensed throughout the United States, Israel, and U.S. International Military Courts

En Español | Make a Payment
Feldmann Nagel Cantafio Margulis Gonnell PLLC
  • Our Team
    • Ralph Cantafio
    • Charles Feldmann
    • David Nagel
    • James Margulis
    • Jean E. S. Gonnell
    • Gregory Thomas
    • Mark B. Bullman
    • Ret. Colonel John J. Canham, Jr.
    • Jan Douglass
    • George M. Eck III
    • Abe Erdynast
    • David Feeder
    • Stefan Feuerherdt
    • Matthew S. Finberg
    • Mark Fischer
    • Ret. Colonel Steven A. Folsom
    • Jennifer Hayden
    • Franklin E. Hopkins
    • Caroline Kert
    • Dave Kleiber
    • Lilly Lentz
    • Benoit M. Letendre
    • David E. Little
    • Leela Madan
    • Ken Martin
    • Patrick Moran
    • Steven Pacitti
    • Walker Pritchard
    • Sara Ross
    • John Seckman
    • Chandra Zdenek
  • Who We Are
  • What We Do
    • Administrative & Regulatory Law and Lobbying
    • Arts & Entertainment Law
    • Business & Commercial Law
      • Purchases and Sales of Businesses
      • Private Placements
      • Corporate Transactions
      • Choice of Entity
      • 501(C)(3)'s and Non-Profits
      • Commercial Litigation
      • Liquor Licensing
    • Cannabis Law
    • Civil Litigation
    • Construction Law
      • Mechanic’s Liens
      • Land Use Regulation
      • Development and Subdivision Planning
      • Homeowners’ Associations
    • Criminal Defense
    • Divorce
    • Education Law
    • Employment Law
    • Energy Mediation and Arbitration
    • Environmental Law
    • Estate Planning and Probate
      • Common Law Marriage and Probate
      • Court Approval for Settlements
      • Estate Planning Mediation
      • Fiduciaries
      • Guardianships and Conservatorships
      • Wills
    • Family Law
    • HOA Law
    • Hunting Fishing & Wildlife Violations
    • Intellectual Property
      • Copyrights
      • Patents
      • Trademarks
      • Trade Secrets
    • Military Criminal Defense
    • Oil and Gas Law
    • Personal Injury
      • What To Do After a Car Accident
      • Why Hire a Personal Injury Attorney
      • Car Accidents
    • Real Estate
      • Foreclosure
    • Water Law
    • Workers' Compensation
    • For Attorneys/Out Of State Counsel
  • Blog
  • Testimonials
  • Contact Us
(888) 458-0991
    • Our Team
      • Ralph Cantafio
      • Charles Feldmann
      • David Nagel
      • James Margulis
      • Jean E. S. Gonnell
      • Gregory Thomas
      • Mark B. Bullman
      • Ret. Colonel John J. Canham, Jr.
      • Jan Douglass
      • George M. Eck III
      • Abe Erdynast
      • David Feeder
      • Stefan Feuerherdt
      • Matthew S. Finberg
      • Mark Fischer
      • Ret. Colonel Steven A. Folsom
      • Jennifer Hayden
      • Franklin E. Hopkins
      • Caroline Kert
      • Dave Kleiber
      • Lilly Lentz
      • Benoit M. Letendre
      • David E. Little
      • Leela Madan
      • Ken Martin
      • Patrick Moran
      • Steven Pacitti
      • Walker Pritchard
      • Sara Ross
      • John Seckman
      • Chandra Zdenek
    • Who We Are
    • What We Do
      • Administrative & Regulatory Law and Lobbying
      • Arts & Entertainment Law
      • Business & Commercial Law
        • Purchases and Sales of Businesses
        • Private Placements
        • Corporate Transactions
        • Choice of Entity
        • 501(C)(3)'s and Non-Profits
        • Commercial Litigation
        • Liquor Licensing
      • Cannabis Law
      • Civil Litigation
      • Construction Law
        • Mechanic’s Liens
        • Land Use Regulation
        • Development and Subdivision Planning
        • Homeowners’ Associations
      • Criminal Defense
      • Divorce
      • Education Law
      • Employment Law
      • Energy Mediation and Arbitration
      • Environmental Law
      • Estate Planning and Probate
        • Common Law Marriage and Probate
        • Court Approval for Settlements
        • Estate Planning Mediation
        • Fiduciaries
        • Guardianships and Conservatorships
        • Wills
      • Family Law
      • HOA Law
      • Hunting Fishing & Wildlife Violations
      • Intellectual Property
        • Copyrights
        • Patents
        • Trademarks
        • Trade Secrets
      • Military Criminal Defense
      • Oil and Gas Law
      • Personal Injury
        • What To Do After a Car Accident
        • Why Hire a Personal Injury Attorney
        • Car Accidents
      • Real Estate
        • Foreclosure
      • Water Law
      • Workers' Compensation
      • For Attorneys/Out Of State Counsel
    • Blog
    • Testimonials
    • Contact Us
  • Search
  • Contact
  • Team
Feldmann Nagel Blog /2016 /April /How Does a Landlord Deal with Tenant Property in a Marijuana Eviction?


Share This Post:

How Does a Landlord Deal with Tenant Property in a Marijuana Eviction?

Apr 12, 2016 /
Feldmann Nagel, LLC
  • Marijuana /

By Daniel Markofsky

Let’s say a landlord has a commercial warehouse building divided into four spaces and leases each to a different marijuana grower. One Tenant does not pay rent because Tenant feels Landlord is not performing its responsibilities. In response landlord changes the locks, locking tenant out. Enough days go with the plants locked inside unattended so they are assumed dead. Tenant now really does not want to pay rent, but would like to recover its equipment, such as the expensive grow lighting, and damages from Landlord.

What’s the tenant to do?

This scenario really took place, not too many years ago, in a rural part of Colorado. This commercial landlord must have been the only one in the State of Colorado unaware of the need to use legal process to recover possession from a tenant of leased real property. (Tip to Landlords: consult legal counsel before attempting self-help repossession.)

Tenant finally consulted its legal counsel. Legal counsel for the Tenant concluded that the marijuana at issue, classified as medicinal, had likely lost its medicinal status when a third party – the Landlord – took possession. As a result, even if the Tenant could prevail in a lawsuit against the Landlord, it could not regain possession of the plants.

Landlord was not a licensed marijuana grower and lacked lawful authority to possess the plants.

Further, with possession having transferred to the Landlord and losing its medicinal status, the Tenant could not simply repossess the marijuana.

The Marijuana Enforcement Division (“MED”) of the Colorado Department of Revenue was consulted. MED agreed that the marijuana was no longer legal under Colorado law.

Tenant filed suit against the Landlord under the Forcible Entry and Detainer (“FED”) laws. Tenant sought temporary possession sufficient for it to get in and remove its valuable personal property. Landlord’s counsel failed to appear at the FED hearing and the Court granted the relief sought.

Several days later the local Sheriff, MED personnel in hazardous materials suits, and the Tenant representative converged at the property. Access was forcibly obtained at direction of the Sheriff and MED haz-mat crews – concerned with both legality and moldiness of the abandoned plants – confiscated the plants and designated them for destruction. Tenant then went in and removed the personal property it desired.

As complicated as this story sounds here, its presented with the clarity of hindsight. At the time each step of the process broke new ground. Creativity and collaboration were required at each step and the outcomes completely unknown. Marijuana counsel employed a multi-disciplinary approach to solve the problems.

For more information on this topic or any other marijuana law questions, contact our Colorado business law attorneys at Feldmann Nagel Cantafio Margulis Gonnell PLLC at 1-(888) 458-0991.

Previous Next

Discuss Your Case For Free

Our legal team is dedicated to guiding clients through their legal journeys and towards the outcomes they need.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter a message.

Recent Posts

  • Colorado Divorce Law - In re Marriage of Rooks - Custody of Frozen Embryos Post-Divorce
  • Colorado Divorce Law - How do Inheritances Affect Dissolution Proceedings?
  • Grandparent Custody and Visitation in Colorado

Most Popular

  • Jeremy People's Case - Termination of Parental Rights
  • How the Government Shutdown Affects Your Divorce or Child Custody Matter
  • Back to School for Divorced Parents

Categories

  • Addiction (2)
  • Adoption (3)
  • Allocation of Parental Responsibility (7)
  • Cannabis (1)
  • Cannabis Business (1)
  • Checkpoints (1)
  • Child Custody (30)
  • Child Support (10)
  • Civil Litigation (2)
  • Civil Unions (3)
  • Constitutional Law (3)
  • Corporate (5)
  • Criminal Defense (50)
  • Divorce (83)
  • Domestic Partnership (4)
  • Domestic Violence (9)
  • DUI (1)
  • Estate Planning (3)
  • Family Law (79)
  • Federal Law (1)
  • Financial Disclosures (5)
  • Firm News (23)
  • Gay Rights Movement (3)
  • Immigration (2)
  • In the News (7)
  • License Suspension (1)
  • Marijuana (20)
  • Marijuana Business (1)
  • Mediation (4)
  • Military Law (1)
  • Modification (1)
  • Oil & Gas (4)
  • Parental Alienation (2)
  • Parental Rights (13)
  • Parenting (24)
  • Parenting Plan (12)
  • Paternity (3)
  • Personal Injury (1)
  • Prenuptial Agreements (1)
  • Privacy Concerns (1)
  • Property Division (2)
  • Prostitution (1)
  • Relocation (2)
  • Restraining Orders (2)
  • Same Sex Marriage (5)
  • Sex Crimes (2)
  • Spousal Maintenance (6)
  • Supervised Timesharing (1)
  • Termination of Parental Rights (1)
  • Visitation (7)
  • Wills & Trusts (1)
  • Worker's Compensation (1)

Quick Links

  • Home
  • Contact Us
  • Site Map
  • Privacy Policy
  • Disclaimer

Stay Connected

  • Facebook
  • Twitter
  • Google+
  • LinkedIn

Discuss Your Case For Free

Our legal team is dedicated to guiding clients through their legal journeys and towards the outcomes they need.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    Please make a selection.
  • Please enter a message.

Contact Us

Feldmann Nagel Cantafio Margulis Gonnell PLLC
Colorado Lawyer

1875 Lawrence St , Suite 730
Denver, CO 80202
View Map

contact@feldmann-nagel.com

Call Today

(888) 458-0991

Local (303) 292-4567
https://www.colo-lawyers.com/
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved.
Powered by Scorpion
x

⚠

Your browser is out of date. To get the full experience of this website, please update to most recent version.

Update My Browser