Landlords and the new MJ rules

[Queen K]

I've alluded to this issue in a few different threads but want to make it a whole new topic on its own. Landlords rights vs tenant rights to use/smoke/grow pot.


https://globalnews.ca/news/3979715/onta ... m=Facebook

I'm sure it's not only landlords in Ontario who are concerned about the new pot growing rules coming up this July 1/17.

People will be legally able to grow four plants for personal use. Okay now.
Everyone here knows people who will stretch those rules to the max.

"Hey, I have three kids and then there's mom, and myself so that makes 20 pot plants!"

Does a landlord want 20 pot plants grown in the basement? I think not. So what to do? Limit the rental agreement to, "NO Pot Plants, EVER." But will this hold up in the Supreme Court? To whom will the castle belong? The landlord or the tenant once it's rented out?

Good question. What about just smoking pot?

Here's a bit on the smoking issue:

<snip> Landlords will be able to spell out a ban on smoking marijuana in rental units for new leases post-legalization – the same as they do for tobacco use – but the province’s tenancy laws make it illegal to change a lease before it ends.

That means in some cases, until an existing lease runs out, landlords would be unable to regulate marijuana use in their properties, said John Dickie, president of the Canadian Federation of Apartment Associations, adding that landlords are concerned about the impact a spike in pot smoking will have on other tenants in rental properties.

“(The province is) not going to allow marijuana to be smoked in public areas, so where the heck are people going to smoke marijuana? Well they’re going to do it in their apartments,” he said. “The problem is, just like when they smoke tobacco, the smell goes to neighbouring apartments. Buildings are not hermetically sealed.”

READ MORE: Ontario asks for public’s opinion on allowing cannabis lounges as legalization looms

It can cost $5,000-6,000 to get the smell of marijuana smoke out of apartment walls and floors, said Dan Henderson, president of the DelSuites property management firm in Toronto.

“It’s not the stigma (of marijuana use), it’s just the number of expenses to maintain the unit and the complaints landlords receive from the neighbours,” said Henderson, whose company manages rental units for approximately 2,000 landlords in the Greater Toronto Area."

In my opinion, this is why it's going to get tougher and more expensive to get rentals. Right there in the bolded part. Who wants to be a landlord if they can't control the rental agreement and limit growing pot and smoking it in their units/houses/townhouses/ and maybe even commerical business lease?

Thoughts?

[Lady tehMa]

As it stands now, tenants aren't legally obligated to let their landlords even know if they have a licensed (medical) grow-op. If the insurance places ever find out about a grow-op in a house, insurance is rendered null and void. So any fire and nothing covered; any disaster and not a single thing will be covered.

With the new MJ rules coming in, is it any wonder so many landlords are selling? Especially in this age of entitlement . . .

[Glacier]

My former landlords rented out to a "nice" family after we moved out. They stopped paying after two months, and the police wouldn't kick them out because you can't remove people during the winter months. When they finally did leave after not paying for months, they stripped the house wires to sell the copper, and they absolutely ruined the floors because of the spray paint they were using to get high. Sadly, they had teenage boys in the house. What a life the are bringing them up in. They decided to sell the house after that after losing thousands of dollars and weeks of hard work fixing it back up.

Oh, and this family moved into a new house in Vernon, where, within two months blew the place up when a batch of drugs went sideways. I'm sure they'e gone through 4 or 5 more victims since then since landlords are playing musical chairs with these people trying to get them out of their houses as fast as they can so they can become someone else's problem. And the cycle keeps going.

[Queen K]

So sad for the landlords.

What I'm saying is landlords need to make decisions now on pot growing in a rental and on allowing smoking of pot within that rental.

[GordonH]

impo the same rules/laws that apply to tobacco smoking, should apply to pot. As for growing since house plants are similar, hard to place new rules on this one. Hopefully any possible damage will be covered by the damage deposit.
As well hopefully those partaking will respect their neighbours due to discussing smell of burning pot.

[alanjh595]

I have been real estate shopping for almost a year now. I have come across many listings that have a declaration of "Previous pot grow" attached. That means that convention lenders won't give a mortgage. There are also the "Schedule 1" ( I thinking it is either a 1 or A), either way it is a sale based upon "as is, where is" basis. There also could be a building code caveat that makes it unsafe for habitation until renovations have been done and passed all inspections by every department like, electrical, plumbing and structural. And then the house must pass air quality testing.

What landlord would voluntarily expose himself to this liability that could easy cost over $100,000 in damages, before even considering lost income due to being vacant for a year or more?

Under the laws are they are now, there are NO limits as to how big or small the operation was.

I know that my next statement is rather obtuse but, If there is 1 person living in a house and he/she has 24 little baby clones growing, this might be enough to cause financial hardship upon the landlord because;
24 plants for 1 person is illegal.
The law does not stipulate at what stage of growth the plants are at, but rather, the # of plants.
So even if the resident has 4 fully mature plants producing and ready to be harvested, the 4 clones that are ready to be started in the grow cycle could make the situation illegal.

[Bpeep]

As it stands now, tenants aren't legally obligated to let their landlords even know if they have a licensed (medical) grow-op. If the insurance places ever find out about a grow-op in a house, insurance is rendered null and void. So any fire and nothing covered; any disaster and not a single thing will be covered.

With the new MJ rules coming in, is it any wonder so many landlords are selling? Especially in this age of entitlement . . .

If the person who has a permit to grow marijuana does not own the property, the property owner must give signed consent to health Canada.
As for insurance, there's provisions in the industry for exactly this. Any broker can provide insurance for a premise with a legal mgo.
The mgo of course has to be permitted, inspected and approved.

If the premises are rented and the owner of the property does not give their signed consent to marijuana being grown there, it can not be legally grown.

[mexi cali]

As it stands now, tenants aren't legally obligated to let their landlords even know if they have a licensed (medical) grow-op. If the insurance places ever find out about a grow-op in a house, insurance is rendered null and void. So any fire and nothing covered; any disaster and not a single thing will be covered.

With the new MJ rules coming in, is it any wonder so many landlords are selling? Especially in this age of entitlement . . .

The below basically speaks to whether or not a tenant is required to provide a doctors scrip for MM. Stratas can make the lives of those who refuse to play nice miserable under the general rules of the BC Strata act.

Is the strata lot being used in a way that is illegal? Individuals who need to produce or use cannabis for medical purposes should have medical document (i.e. prescription) from an authorized health care practitioner. If a resident insists he or she requires the use of medicinal marijuana but refuses to disclose any documentation to verify that claim, and if there is sufficient evidence that the strata lot is being used for illegal purposes, the strata council may conclude that there has been a bylaw infraction.

[TylerM4]

So why isn't this a problem with tobacco?

[Ka-El]

I don't know of too many people with tobacco grow ops

Lot's of buildings and apartments have no smoking rules

[Snman]

I'm of the opinion that the landlord (I have one myself) has the right to say no growing or smoking pot in the house, simply because of the damage it can cause. If you have a yard and/or garden then I think growing pot out there should be allowed. Our building has a no smoking on the property outdoors rule but you can smoke in your unit if you choose to, unless the landlord has a rule against smoking indoors, like mine. I think that's fair, he owns the place.

[Bpeep]

I know someone in a condo in a 30 unit building that's all owner occupied. Strata rules, no cannabis smoking.

I don't want anyone smoking anything in anything I own.
I wish there were laws about some of the crap they cook too.
Ick.
Total dumpster dishes.

[PocoGirl]

Thank you for posting this. In the North Okanagan forum I posted asking if I rent out again or sell. The majority of people, with good input, including my financial advisor and friends, think I should rent for as long as possible bottomline. I don’t disagree but I’m also not willing to risk my investment and resell amount for an unknown issue such as this. Read my full and honest disclosure about finances etc there. I made a comment on there that this issue can also impact my decision to sell or rent out again. The cities, provincial and federal governments don’t even know how to deal with it on a daily basis and rules change daily, ie, Vernon council vs dispensaries, Vancouver’s open vendors etc. As a landlord with a significant investment for investment return, I’m leaning towards selling and not being a landlord guinea pig and taking on more issues or responsibility because of this. I know there’s great renters out there, (have good renters right now for hopefully another year or two) but not willing to gamble my money because of the unknowns and circus that’s already unfolding in spite of it technically still being illegal. And that’s why I’m thinking I’ll sell instead of renting out again.

[jimmy4321]

Landlords should have the option of not allowing tenants to smoke weed in the house or apts . The option should be available to new and existing leases.
That stink is really hard to get out.

[JLives]

Why would it be any different than cigarettes? Just have a designated smoking area for multi unit buildings and if it's a house, go outside. If your neighbour smells it for 2 minutes, too bad.