Tenant Smoking Pot

therealpotentials

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I have a tenant who had previously acknowledged that he did smoke pot in the property during his first week of stay when we confronted him about it. I already warned him not to do it again, but lately we smelled again that familiar scent when we visited the property to fix something. What should I do? Is this enough ground for eviction? Is there a law against this?
 

windsorlancer

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I don`t see how this could be grounds for eviction, as your case against your tenant is weak at best. So far the only evidence you have is:
1) His verbal statement to you that he has smoked pot in your property in the past, which he could easily deny in front of the LTB - case of he said she said, which can cast reasonable doubt causing the LTB to side with the tenant;
2) The smell of burned marijuana, to which you are not an expert on to make that analysis.

I would suggest calling your local police department. Hopefully if the odour of burned marijuana is present, they may document this as well as any other evidence they collect. I think that having this documented would add more credibility to your case for eviction.
 

invst4profit

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Is this a multi unit where by he would be effecting others. If not why do you want him out.
Keep an eye on him and document every conversation and activity you observe.
Send him a letter indicating you are aware he is smoking and that you have a zero tolerance policy if you truly want to go the route of eviction.
Document. document , document. Witnesses are nice too.
You could report it to the police but they will not do anything about it. Not there problem as I don`t believe minor possession is illegal.

What province are you in ?
 

mark186

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If you are in the province of Ontario, illegal activity is grounds for a landlord to end a tenancy. Likely where you`ll get caught up is in proving the illegal activity took place - a police report, or better yet a conviction, would probably be your only ironclad proof if the tenant decides to fight it.

If the tenant isn`t disturbing others you may want to let it pass. Hey, you could even make the most of the situation by installing vending machines selling chips and such. He likely has the munchies alot.
 
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