What if tenant wants to legally grow marijuana

[Tootse]

I am becoming more and more aware of people who are growing medical marijuana legally by way of government permitting/licensing/approval. If a tenant is seeking to do this, and asks your permission (apparently there is a requirement for the homeowner to sign if the applicant is renting the dwelling in which they want to grow), are you infringing on Human Rights, discriminating, or any other way infringing on their rights or breaking the law by not allowing this to occur in your property?

Thanks
Tootse

 

[REINteam]

Hi there,

This has actually come up for a few REIN members and I was CC`d on an email from Tenant Verification Services (TVS) to the Edmonton Apartment Association. Here is the response:

"I have spoken with Health Canada, and unless the proposed production site is not the ordinary place of residence of the applicant, and is not owned by applicant they do not need consent from the property owner.

The Human Rights Commission would caution any landlord against amending their leases with any statements regarding producing medical marijuana, as if there is a permit, it is not an illegal activity. If a tenant was evicted or denied tenancy for production or use of medical marijuana a complaint could be made to the Commission on the basis of discrimination.

Persons holding permits have very strict guidelines as to how much can be produced within a certain period of time, and are also subject to inspections.

More information can be found at the following link: http://www.hc-sc.gc.ca/dhp-mps/marihuana/index-eng.php

 

[Ready4Rent]

This has come up with us before. The tenant does not need owners permission. Thankfully in our case the tenants address change hadn`t gone through yet (the one time I thank the goverment for being slow). And thus was illegal.

And the inspections don`t happen and they have no way to inspect!.

 

[DaveRhydderch]

Interesting. I assume then there is a way to grow it without there being a mold issue. Anyone know?

If I was put in this situation, I would really try and work with the tenants. Be open with your concerns about mold and ask to see the set up, and perphaps inspections every 3 months. Hopefully the tenant would be understanding and would work with me.

The one question I have is that we are allowed to ensure smokers don`t live in the house. Would that apply to this case?

 

[Tootse]

Considering electrical demands, weight of plant and soil and water, and exhausting of moisture (of which there is a lot of), I would think that concerns raised by a property owner related to these things might allow one to say no, not allowed on my property. Old houses may not have elcetrical wiring suitable to the high demand. And modifications such as holes to run ventilation to the outside would possibly be needed. Just a few thoughts...

 

[invst4profit]

The key once again is to do proper screening. By talking with previous LLs you can find out if this tenant has grown before. If so you simply reject the application without giving cause. (LLs should never give any applicant the reason they are being rejected.)

To be safe you should however have some justification such as low credit score, insufficient employment record etc. in case someone complains but it is highly unlikely that will happen. Rejected applicants generally just move on to the next LL.

It is not right that LLs are placed in a position to be accused of discrimination because of short sighted laws but that is the society we live in.

I can hardly wait till they find a medical use for crystal meth.

 

[2ndstory]

If I can say "No Pets", I think I should be able to say "No Pot".

Nik

 

[invst4profit]

In Ontario you are rarely permitted to say no. Tenants have all the rights LLs have none which is why you must simply say NO without saying what or why.

 

[ibuildstuff]

I don`t think there was mention of a full scale grow op. Demands for growing medicinal marijuana would be no more than normal house plants, also same risk of mold. If there is a permit in place from the government, whats the problem? That itself would imply you are not renting to a "drug lord", just a sick person who needs the medication. Touches a nerve for alot of people though.

 

[invst4profit]

The problem is you do not want the stench of pot smoke driving out the rest of your tenants.