backyard plants in monterey caLandlord must allow personal agriculture.

This law requires a landlord to permit a tenant to participate in “personal agriculture” in portable containers approved by the landlord in the tenant’s outdoor backyard area. It must be on the ground level of the rental unit; for planting edible fruits or vegetables; for personal use or donation; and cannot include marijuana or any unlawful crops, among other conditions.

This law also affects HOAs. It would make void any provision of a governing document of a common interest development that effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture as described above.

Assembly Bill 2561 codified as Civil Code §§ 1940.10 and 4750. Effective date is January 1, 2015.

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