Patients Without time - Medical marijuana - Maui style

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Director Muphy claims EVICTION NOTICE is RETALIATORY for Growing Medical Cannabis:

 

LPE LLC

c/o Katherine Leigh Hilsinger, MD

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Brian Murphy

XXXXXXXX

188 B Haulani Street

Makawao, HI  96768

 

RE: NOTICE of TERMINATION of Rental Agreement

 

April 3, 2017

 

Dear Brian and XXXX,

 

In reference to your lease dated February 2, 2017. Please be advised that it was obtained without my knowledge or consent.  JXXXXXXXXm did not have authorization in any way to enter into a new lease with you on my behalf.  He learned I was coming to inspect the property, and wrote a non-binding lease agreement with both you and XXXX, to try to protect your combined interests in growing of pot. He acted against his fiduciary responsibility to me and did not have any such authorization from me to sign any new leases. He knew I was  considering putting the property up for sale and he acted purely from a conflict of interest on his own behalf. That is why I am severing our professional relationship and as of February,  he is no longer my property manager and is being evicted.

 

In addition, you have erected a structure (covered dog cage, without floor)  on my property without notifying me, asking for or receiving my permission (had permission from her property manger, for 4+ years)  to do so. This structure I observed earlier this week is to grow and house presumably your medical marijuana plants.  As a tenant, you should know that a property manager does not own the property and he does not ever have the authority to grant any legal decisions, especially involving federal law, without written permission from the owner. Erecting this structure and growing marijuana without my explicit written consent is in violation of your rental agreement. Growing marijuana is  still a federal offense. For that reason alone, I would never have given permission to do so. (Please note; Mr. Murphy had been legally growing medical cannabis on this property for over 4 years) 

 

The Hawaii Landlord Tenant Code states that if you have a license to use medical marijuana you may do so as a tenant, but there is no Hawaii Statute that I or my attorney is aware of, that gives tenants the right to grow medical marijuana on property that does not belong to them and without the owner’s written consent. (See: HI REV Stat§ 521-39 (2015)).

 

You violated the agreement by having a pet in your cottage, and by smoking.  Most recently, you violated the lease agreement by behaving aggressively and threatening violence to another tenant on April 2, 2017. (Please note; Hilsinger's onsite Property Manager said no threatening behavior occurred during a police investigation on April 3, 2017.) 

 

Per Hawaii Landlord/Tenant Code, this letter is your formal notice to vacate in 45 days from today’s date at the top of this notice.

 

Kindly be advised that you must pay rent of $1,200 prorated up until May 18, 2017 or to any prior date in which you give notice that you will be permanently leaving the premises. This is to be paid in full prior to you vacating, not later than May 18th. If past due rent is not paid in full, I shall seek legal council to take further action to collect from you the balance of rents owing, along with all legal fees incurred to do so.  In addition, legal action will be taken for unauthorized erection of a structure to grow marijuana. Structures and all contents within will be seized.

 

Per the terms of the Rental Agreement, your security deposit of $1000 may NOT be used by you to cover any rent monies due and owing.

 

Per the terms of the Rental Agreement, you must leave the premises in clean and orderly condition; in same condition as when you took occupancy, less any “normal” wear and tear. You must remove all trash and personal belongings inside and out.

 

After you vacate the property and a physical inspection of same is performed by my representative XXXXXXXXX, your security deposit shall be returned to you within 14 days at the forwarding address you provide to me, less the cost of any damages or necessary cleaning charges.

 

Sincerely,

 

Katherine Leigh Hilsinger, MD

Managing Member of LPE LLC

Owner/Landlord

 

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Brian's mainland landlady demanded a 50% increase in rent in only 3 months. Such coercion, intimidation, innuendo, and piling on of false accusations against medical cannabis patients is not uncommon, because fearing retaliation, patient/tenants do not complain about such abuses.

 

Director Murphy 's disability was severely agitated by his mainland landlord suddenly flying into Maui, and demanding that he cease growing his medical cannabis, which he had been peacefully doing on this property for over 4 years, without any complaint from her. She went so far as to threaten to destroy his property, call in the DEA, and to seize his registered medical cannabis plants.

 

Brian, and his co-tenant, fled the property for their own safety on April 20, 2017. They have filed a Discrimination Complaint with the Hawaii Civil Rights Commission (# RE-M-1136), and the Regulated Industries Complaints Office (RICO) against the landlord, Katherine Hilsinger, Owner/Manager of L.P.E. LLC, and her real estate representative, Kathy Ross, Broker/Owner, Maui Home and Life, Luxury Real Estate & Lifestyles, Oceanic Enterprises Inc.

 

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