Cal. Civ. Code § 715-A
Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale
Operative Text
§ 715-a. Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale. 1. Any duly authorized enforcement agency of the state or of a subdivision thereof, under a duty to enforce the provisions of the penal law or of any state or local law, ordinance, code, rule or regulation relating to buildings, or the cannabis control board, office of cannabis management or the attorney general pursuant to section one hundred thirty-eight-a of the cannabis law, may serve personally upon the owner or landlord of real property authorized or otherwise intended or advertised, in whole or part, for use to buy, sell or otherwise provide goods or services, or for other business, commercial, professional services or manufacturing activities, or upon their agent, a written notice requiring the owner or landlord to make an application for the removal of a commercial tenant so using or occupying the same for a violation of article two hundred twenty-two of the penal law or article six of the cannabis law involving the unlicensed sale of cannabis or products marketed or labeled as such. If the owner or landlord or their agent does not make such application within five days thereafter; or, having made it, does not in good faith diligently prosecute it, the enforcement agency giving the notice may bring a proceeding under this article for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by them and not prosecuted diligently and in good faith. An enforcement agency authorized to bring a petition hereunder may do so on their own initiative or upon a referral from an agency of the state or a subdivision thereof. The person in possession of the property, as well as any lessee or sublessee and the owner or landlord shall be made respondents in the proceeding. 2. A court, upon a finding of such violation may, in addition to any other order provided by law: (a) grant a petition pursuant to this section ordering the immediate removal of such tenant; (b) impose and require the payment by any respondent not otherwise subject to a civil penalty under section sixteen or one hundred twenty-five of the cannabis law, who has been found to have knowingly permitted such a violation, a civil penalty not exceeding five times the amount of rent charged, owed, or paid, as the case may be, for the duration of the violation, which may be calculated from the date the owner or landlord respondent received notice of the violation to the date the unlicensed activity is abated, for which a respondent shall be required to provide sufficient proof thereof, including but not limited to a sworn statement by a local law enforcement or other governmental entity that the unlicensed activity has been abated; provided, however, that in a city with a population of over one million the civil penalty shall be fifty thousand dollars. The landlord or property owner shall also provide a copy of any executed lease with such tenant; (c) order the payment of reasonable attorneys fees and the costs of the proceeding to the petitioner; and (d) order that any such multiple respondents shall be jointly and severally liable for any payment so ordered under this subdivision. 3. For the purposes of a proceeding under this section, an enforcement agency of the state or of a subdivision thereof, which may commence a proceeding under this section, may subpoena witnesses, compel their attendance, examine them under oath before themselves or a court and require that any books, records, documents or papers relevant or material to the inquiry be turned over to them for inspection, examination or audit, pursuant to the civil practice law and rules. 4. The use or occupancy of premises customarily or habitually for the unlicensed retail sale of cannabis or products marketed or labeled as such shall constitute an illegal trade, manufacture, or other business for the purposes of section two hundred thirty-one of the real property law.
N.Y. Real Prop. Acts & Proc. Law § 715-A establishes a mechanism by which state or local enforcement agencies — including the Cannabis Control Board, the Office of Cannabis Management, and the Attorney General — can compel a commercial landlord to seek the removal of a tenant engaged in unlicensed cannabis retail sales. If a landlord who receives written notice fails to act within five days or does not diligently pursue removal, the enforcement agency may step in and bring the proceeding directly. Courts finding a violation under § 715-A may order immediate tenant removal, impose civil penalties up to five times the rent charged (or a flat $50,000 in cities with populations over one million), award attorneys' fees, and hold multiple respondents jointly and severally liable.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 715-A, compliant commercial property owners and managers generally respond promptly — within the five-day window specified — when served with a written enforcement notice alleging that a tenant is conducting unlicensed cannabis retail sales. Operators who knowingly permit such activity and fail to act diligently risk civil penalties calculated against the rent charged for the duration of the violation, as well as potential liability for attorneys' fees and costs. Maintaining clear lease provisions prohibiting unlicensed cannabis activity and retaining copies of executed leases are practices consistent with the documentation requirements referenced in § 715-A.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 715-A creates a legal pathway for enforcement agencies to seek the removal of commercial tenants found to be conducting unlicensed cannabis retail sales, and courts may order immediate eviction upon a finding of violation. Commercial tenants who receive notice of a proceeding under § 715-A are named as respondents and have the opportunity to participate in the court process, where the specific facts and circumstances are considered. Tenants facing such a proceeding may benefit from consulting a tenant-rights organization or an attorney familiar with New York cannabis and commercial tenancy law to understand the available options under § 715-A.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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