As of October 17, 2018, cannabis will be made legal by our federal government in Ontario. The new and upcoming legislation will have implications for landlords across the province. The Government has not yet made any changes to rental laws that will address cannabis. Tenants smoking and growing cannabis in their homes will be required to follow the building rules and their lease agreement.
An Overview of the New Rules
- Ontario residents will need to be 19+ to purchase, grow, possess or use recreational cannabis
- Using cannabis in a public place is not allowed and can result in being fined
- Recreational cannabis can only be used in a private residence or on the balcony of a private residence
- Adults over 19 can grow up to four cannabis plants per residents (not per occupant)
- Seeds to grow cannabis plants will be purchasable from the Ontario Cannabis Store online
- It will be legal to possess up to 30 grams of dried cannabis at one time in public
Landlord Concerns
- In a multi-unit building some tenants that do not use cannabis may be bothered by others using in the building
- If a tenant smokes cannabis frequently, there could be damage done to the unit by the smoke which requires repairs and thorough cleaning potentially at the landlord’s expense
- If a tenant is growing cannabis plants, moisture can lead to mould
- Growing cannabis plants can cause utility bills such as electricity to increase if special lights and heating pumps are being used to grow
- There is always the risk of fire due to misuse when smoking or growing cannabis is done indoors
Advice for Ontario Landlords
For any landlords who may be concerned about the new legislation surrounding the legalization of cannabis, there are measures to be taken that can prevent negative impacts the new laws may have on their rental properties.
- There are clauses a landlord can include in their lease that can protect their properties from the smoking of cannabis including a no-smoking rule which will apply to both cigarettes and cannabis
- Though landlords are not allowed to change their agreed upon ongoing leases, they can be sure to include the prohibition of cannabis smoking in new agreements
- If a tenant agrees in writing to a no-smoking rule and they proceed to smoke cigarettes or cannabis, this is often grounds for eviction
- If renting out a unit owned in a condo building, landlords should provide their tenant with the condominium rules, as a smoke-free condo building will mean it is cannabis smoke-free as well
- Landlords can schedule regular inspections of their property to insure rules are being followed (after giving 24 hours written notice)
- Screening processes can become more strict when looking for new tenants with the goal of finding tenants who do not smoke or grow cannabis in their home
- Landlords can provide tenants with recommendations they hope tenants will respect once the new legislation is passed
Did you like our Upcoming Legalization of Cannabis in Ontario: Implications for Landlords article? Check out our other resources here.
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