Marijuana

[RELover]

Hi all,
We are renting out our basement. Is there any clause to protect the Landlord and legally prohibit the tenant from using or growing marijuana in the premise?

I tried to search for previous forums but couldn’t really locate anything.

Thanks.


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[Thomas Beyer]

Using is legal. Growing or dealing is illegal and cause for eviction.


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[kfort]

Illegal = breach = eviction.

However, I’ve added these two clauses to my lease as well (please note, I haven’t had these challenges at ORT yet & they’re still a little rough - redundant basically too, use at your own risk!):

6.36 The tenant covenants and agrees to refrain from growing any plants, including but not limited to marijuana, on the premises regardless of legality or permits granted by legislative and legal authorities.
6.37. The tenant covenants and agrees to refrain from any activity on the premises, legal or illegal, which may jeopardize an insurance claim by the owner. The tenant acknowledges that these activities include but are not limited to maintaining and/or using marijuana


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[RELover]

Thank you! I really like the 6.37 as it uses insurance as the reason for such prohibitions.


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[RELover]

Using is legal. Growing or dealing is illegal and cause for eviction.


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Thank you for clarifying. So growing is more of an issue if they have a license because insurance companies don’t care if it’s legal or illegal for them to grow.


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[Thomas Beyer]

Illegal = breach = eviction.

However, I’ve added these two clauses to my lease as well (please note, I haven’t had these challenges at ORT yet & they’re still a little rough - redundant basically too, use at your own risk!):

6.36 The tenant covenants and agrees to refrain from growing any plants, including but not limited to marijuana, on the premises regardless of legality or permits granted by legislative and legal authorities.
6.37. The tenant covenants and agrees to refrain from any activity on the premises, legal or illegal, which may jeopardize an insurance claim by the owner. The tenant acknowledges that these activities include but are not limited to maintaining and/or using marijuana

Unclear whether this clause is legal. You can’t grow any plants in your apartment? Not even roses, a cactus or sprouts?

As stated you can evict on any illegal activity. Proving that of course is another issue as dealing is hard to detect. If you suspect it get the local police involved and have them bring their sniffer dogs. Usually the tenant gets the idea and moves.


Thomas Beyer, Asset Manager, Investor, Community Improver, Author, Father, Mentor www.prestprop.com

 

[kfort]

Would be interesting to get it challenged for sure. SK law allows us landlords to make “reasonable rules” for the tenant to follow, adjudicator decides!


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[Mike Milovick]

Do you have a "no smoking" clause in your lease? Perhaps try to enforce that clause? If it's a shared heating/ventilating system, file for affecting reasonable enjoyment of premises

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