I'm about to send the tenants a formal request to unplug and remove the garden immediately but I want to see if anyone has dealt with a similar situation before. We're not certain what exactly they're growing but my initial thoughts are:
a) It could be marijuana. Unlikely but...
b) They're in a basement suite and they're paying flat rate utilities.
c) The increase in moisture is going to be a huge problem with the potential of mold.
They're very opinionated and not intimidated easily so if they fail to remove it I'd like to know what options I have. Especially if it's not illegal then what steps can I take for eviction if they fail to comply?
This isn't a complete remedy for the situation (especially considering point a) is a possibility and point c) is a bigger problem) but assuming you have a utilities agreement for the flat fee you have the option to raise the utility payment with notice if they don't remove the garden and you see a sharp increase in the electricity bill. I haven't run into this one yet so please keep us posted.
Have your legal rep draft a letter stating they must remove it at request of the insurance company. This may or may not work. I highly doubt your insurance company would beOK with this new garden .
Step 1: go in with a 24 h notice and take a look see and take many pictures and ask many questions.
Step 2: if excessive moisture tell them it is property damage and ask them to turn it off in 24 h or they will be evicted.
Step 3 ( if necessary): File for eviction due to property damage and illegal use of property.
It is your property. Be firm. Get professional eviction firm to help you. Don't delay. The property may be unsellable and damages could be tens of thousands of dollars !! Possibly 50-100,000 due to stigma when trying to resell.
Treat it like a business. Tenants opinions or feelings don't matter.
