Real Estate

Protecting Landlords from Tenant's Cannabis Use

  • Last Updated:
  • Apr 9th, 2019 10:42 pm
[OP]
Deal Addict
Feb 9, 2013
1812 posts
690 upvotes
Mississauga

Protecting Landlords from Tenant's Cannabis Use

After cannabis became legal in Canada, how do landlords protect themselves from potential risks while not invading human rights? What kind of clause do we write in the lease agreement?
15 replies
Deal Expert
User avatar
Jan 27, 2004
43213 posts
6489 upvotes
T.O. Lotto Captain
I found this
https://ottawasun.com/life/homes/as-the ... ed-to-know

You can recomnend smoking outside. Or buy them a window fan.

Me and all the other cannabis users i know don’t smoke inside. No matter how cold it is. I justnever met someone who would smoke inside... @ the most ubder a kitchen hood vent on really cold days.

Are they smoking inside? Or are they smoking outside , you smell it , & now youre nervous?
Sr. Member
Jan 19, 2018
737 posts
516 upvotes
Can't you have a clause that bans smoking in the lease agreement?
Deal Addict
Nov 14, 2006
2082 posts
1021 upvotes
GTA
bobohobo2kx wrote: Can't you have a clause that bans smoking in the lease agreement?
It's the same as smoking a cigarette, most smokers won't smoke inside anyways. Im pretty sure in Ontario you can't put it into a lease same way as you can say no pets but then they can get a pet and nothing a landlord can do about it.

Someone else better with this may want to chime in.
Penalty Box
Aug 11, 2005
4175 posts
1411 upvotes
If its not a basement apartment or sharing any part of the facilities with the landlord, good luck
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Deal Addict
May 12, 2014
2446 posts
2030 upvotes
Montreal
You're allowed to ban it in Quebec, but not in Ontario I believe.
Deal Addict
Apr 6, 2008
1807 posts
1149 upvotes
It's a fine line. Asking them to smoke it outside isn't unreasonable. However, then you have issues with neighbours/other tenants complaining. I don't care if people do it, but it does stink, worse then cigarettes.
Deal Fanatic
Dec 16, 2005
5203 posts
3218 upvotes
my condo corp has banned all smoking in units. This gets around the discrimination because you are banning ALL smoking. As an owner you can be "grandfathered" if you request it. enforcement is another issue.

you then ask your tenants to follow the condo rules. That is 100% legal.
Newbie
Mar 6, 2019
39 posts
22 upvotes
Calgary
Others have mentioned having a clause about smoking in the lease agreement. My wife has always had a clause about smoking within her rental units and she updated it with wording "all forms of smoking...". Smoking is not allowed in the condo common areas so that's also noted in the clause.
Deal Guru
User avatar
Mar 23, 2008
11228 posts
7515 upvotes
Edmonton
TechMeOff wrote: Others have mentioned having a clause about smoking in the lease agreement. My wife has always had a clause about smoking within her rental units and she updated it with wording "all forms of smoking...". Smoking is not allowed in the condo common areas so that's also noted in the clause.
Keep in mind that different jurisdictions have different laws. In Ontario (where the OP was from), you can put in a "no smoking anything" clause in your lease agreement, but you can't evict simply because the tenant smokes. In Alberta, apparently you can (after multiple breaches, though). In both cases, you can evict based on the damage done to your property, but good luck collecting that from the tenant after you evict them... :(

C
Deal Addict
Nov 8, 2017
1406 posts
774 upvotes
Our building is smoke free, whether that's weed, cigarettes, pipe tobacco, or cow dung

No Smoking means no smoking.

When I go for a puff, I go down 7 floors and outside

Granted, I live on Vancouver Island where it isn't in a deep freeze 6 months of the year
Deal Guru
User avatar
Mar 23, 2008
11228 posts
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Edmonton
User455957 wrote: Our building is smoke free, whether that's weed, cigarettes, pipe tobacco, or cow dung

No Smoking means no smoking.

When I go for a puff, I go down 7 floors and outside

Granted, I live on Vancouver Island where it isn't in a deep freeze 6 months of the year
No vaping either? How do the landlords in this thread feel about a tenant vaping instead of lighting up? Just curious...

C
Deal Expert
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Nov 7, 2003
19759 posts
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Shanghai, China
FrancisBacon wrote: You're allowed to ban it in Quebec, but not in Ontario I believe.
I think BC allows it as well.
Deal Guru
User avatar
Mar 23, 2008
11228 posts
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Edmonton
Sgt_Strider wrote: I think BC allows it as well.
You can in Ontario too, it looks like. You just can't enforce it. Stupid laws, if you ask me...

C

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