Cannabis Legalization and Rental Properties – Here’s what you need to express in your leases.
Suggested Terms To Add To Your Lease
Since this is a big change for Alberta landlords, the Alberta Residential Landlord Association had an event to help landlords prepare for the new law. Below are lease terms recommended by Heidi Besuijen from RMRF at the February 22, 2018 “Cannabis Let’s Talk” event. Feel free to add these points to your lease!
Suggested Term: Marijuana Consumption Prohibition on Tobacco and Marijuana Smoke
In consideration of the Landlord’s desire to offer tenants a smoke-free environment, the health hazards associated to second hand smoke, other safety concerns and the nuisance caused by the presence of smoke including lasting odours which permeate walls, floor coverings and other interior finishes, this premises is strictly non-smoking. This prohibition includes the use of both tobacco and marijuana products which have undesirable effects on the property of the landlord and the peaceful enjoyment of other tenants. Breach of this prohibition will be considered a substantial breach of the lease and as a result the landlord will take any and all action, including eviction
Suggested Term: Marijuana Production Prohibition on the Production of Marijuana
In consideration of the nuisance smells, the property damage associated with increased indoor moisture levels, the danger of overburdened electrical systems, and safety concerns related to these things, there is a prohibition on the growth of marijuana in the premises. Further, in consideration of the nuisance smells associated with the production of marijuana derivatives and other deleterious effects caused by such activities, the production of marijuana derivatives is also strictly prohibited. Any breach of these prohibitions will be considered a substantial breach of the lease and as a result the landlord will take any and all action, including eviction
Statute: Residential Tenancies Act, SA 2004, c R-17.1
21 The following covenants of the tenant form part of every residential tenancy agreement:
(a) that the rent will be paid when due;
(b) that the tenant will not in any significant manner interfere with the rights of either the landlord or other tenants in the premises, the common areas or the property of which they form a part;
(c) that the tenant will not perform illegal acts or carry on an illegal trade, business or occupation in the premises, the common areas or the property of which they form a part; (d) that the tenant will not endanger persons or property in the premises, the common areas or the property of which they form a part;
(e) that the tenant will not do or permit significant damage to the premises, the common areas or the property of which they form a part;
(f) that the tenant will maintain the premises and any property rented with it in a reasonably clean condition;
(g) that the tenant will vacate the premises at the expiration or termination of the tenancy.