3 Things Landlords Can Do To Regulate Pot in Rental Properties

With the Cannabis Act making recreational pot/marijuana use legal on October 17, 2018, I've had several clients, both landlord and tenant, approach me with questions regarding the consumption and production of pot/marijuana in rental properties.

• That the tenant will not in any significant manner interfere with the rights of either the landlord or other tenants in the premises, the common areas or the property of which they form a part;

• That the tenant will not endanger persons or property in the premises, the common areas or the property of which they form a part;

• That the tenant will not do or permit significant damage to the premises, the common areas or the property of which they form a part; and

• That the tenant will maintain the premises and any property rented with it in a reasonably clean condition.

So, what can a landlord do?

Due to the smell, danger of overburden electrical systems and increased moisture levels connected with the consumption and production of pot/marijuana, landlords may be able to successfully argue that a tenant who chooses to consume or produce pot/marijuana in a rental property is in breach of the covenants outlined above in the Residential Tenancies Act and, accordingly, demand an eviction.

In order for such a lease to be enforceable, the tenant signing the new lease agreement must be provided with fresh consideration such as a new lease term, a small cash payment or reduced rent.

This step is recommended in all cases due to the issues referenced in point (1) above and the potential for the consumption and production of pot/marijuana to be in breach of residential and commercial insurance policies.

Have questions about your rights as a landlord regarding the regulation of pot in your rental properties?

Or, want to implement a lease agreement that contains a prohibition on the consumption and production of pot?

mm

Written by Joe Eisenlohr

\