POT SMELL BOTHER TENANTS IN OTHER UNITS

[Kathleen10291]

I have new tenants in a basement suite who are pot smokers. Tenants in unit above them are complaining of the smell. I've asked they smoke outside and I am getting push back about their human rights and have not stopped?? Give me a break. Anyone know about process for getting these tenants evicted if they cause problems for the other tenants.

 

[dpeacock]

That's a good question. We're in Ab and our leases state no smoking, including marijuana, on the premises. So that would be a lease violation, grounds for eviction. We go over prior to signing the lease and have them initial that clause. Only tested once. Had the tenant pay for ozone treatment and threatened eviction. It worked, but not tested in court.

 

[Rickson9]

I hope you're not in Ontario...

 

[Christopher Franco]

https://www.google.ca/amp/s/www.the...2/potsmoking_tenant_may_be_hard_to_evict.html

 

[Martin1968]

These are nasty issues. A bad tenant makes you loose the good ones in the same building.
What lease did you have them sign? Month to month? 1 yr ? How far into it?
What province? And indeed just like it was stated in previous post do you have a no smoking clause in your contract? It's hard to give exact advise without all the details and it will take some time to get them out but they gotta go ASAP. But keep your head cool and always try your hardest to avoid litigation. Good luck!

 

[Tina Myrvang]

You will need to contact the tenant act and see what your rights are. This will depend on what kind of wording is in the lease agreement. This is not as cut and dry as just kicking them out.

The other option is you can offer to pay the tenant to leave. This way it keeps it clean and legal. $500-1000 usually gets the tenant moving however in the market now it's hard for tenants to find places to live for the same price they are paying now. So this may not work.

OR: wait for the lease to expire.

 

[Tyson]

In BC I have used the other tenants 'right to quiet and reasonable enjoyment' in the residential tenancy bylaws successfully. This hasn't been tested in court either but have used it with kid gloves and a cool head and it fixed the problem. One tenant left peacefully, the other stopped stinking up the place.

I now add 'No pets, no drugs, and no smoking of any substance on the premises' to our leases and have them initial it. Seems to work.

 

[Tina Myrvang]

Please find a recent decision for a dispute resolution. Tenant was disputing his termination for smoking pot outside his unit in BC.

 

[Martin1968]

Good stuff! Tks for posting.