Can You Prevent a Tenant From Smoking Cannabis in a Rental Unit?
Roch St-Georges
Now that the Cannabis Act has passed many Ottawa landlords and tenants alike are wondering if they are allowed to smoke cannabis or grow cannabis plants in their Ottawa rental units.
Since October 17th Canadians can now legally smoke cannabis in the privacy of their homes. Tenants who live in an Ottawa's multi-family property wich many units may have more rules to follow.
If your rental unit is located in a condominium complex there could be bylaws preventing residents from smoking marijuana in the buildings. Many tenants renting with Community Housing organizations and associations have seen their leases updated to include a ban on smoking marijuana in the building.
In Ottawa, the Residential Tenancies Act, says that tenants must look at their building rules and lease agreements to know if they can smoke cannabis in their rental property.
Landlords are mostly concerned with the risk of fires from improper use of grow lamps or an overload in electrical circuits if many tenants start growing plants. This said many are now growing with the use of LED lights at home instead of the previous high-pressure sodium (HPS), ceramic metal halide (CMH) or fluorescent grow lights.
Mark Weisleder a popular Toronto lawyer who has experience with tenant and landlord issues says that a landlord can prevent a tenant from smoking cannabis inside the rental property by inserting a clause in their lease preventing them from doing so. He continues to say that having the clause would help in evicting a tenant that does smoke inside the property but one may still need to prove that the tenant is bothering another tenant in the building or that the tenant is damaging the property.
When preparing a lease it is recommended to discuss with your lawyer to draft a clause that will protect both you the landlord while respecting the rights of tenants.
If you are an investor looking to buy multi-family properties in Ottawa call Roch St-Georges, real estate broker with EXIT Realty Matrix 613-889-7732.
