Legal grow op-landlord insurance canceled-no legal recourse

Marnie

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I am going to further research legal grow ops and grounds for eviction. From a personal standpoint it seems reasonable to include this in a lease as an automatic breach but I wouldn't necessarily assume this would be enforceable (e.g. whose rights would come first - a tenant who has obtained authorization to grow marijuana in their home or a property owner who has an insurance policy to uphold and doesn't want their property damaged?). Further to that, I expect this will vary from province to province. I will post my findings once I get more information.
 

kfort

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I would think there is legal recourse and means to evict based off the insurance company revoking coverage and the fact that this would put the owner in default on their mortgage... but it will be interesting to see a few of these cases go through the court system.

In SK landlords are allowed to make "reasonable rules" to follow under the lease. I would hope that no grow opp without owners written permission and a no activities, legal or illegal, which may be grounds for insurance denial clauses would be considered reasonable by the ORT
 

Marnie

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I would hope that no grow opp without owners written permission and a no activities, legal or illegal, which may be grounds for insurance denial clauses would be considered reasonable by the ORT
I completely agree as this is both reasonable and to me, plain common sense.
 

kfort

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Registered
Quick follow up to this, this is what I've added to my lease:

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


6.36 will come with a verbal disclaimer that I don't give two hoots (pun intended) about normal plants.
 
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Marnie

Frequent Forum Member
Staff member
REIN Member
Quick follow up to this, this is what I've added to my lease:

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


6.36 will come with a verbal disclaimer that I don't give two hoots (pun intended) about normal plants.

Thank you for this update Kristopher!
 
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