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growing weed in an apartment building

Yes. Landlords have the ability to set rules to protect the health and safety of their residents and protect their property as long as the rules and any related terms of the tenancy agreement do not conflict with federal or territorial laws. Adopting smoke-free rules is similar to adopting no-pets or no-barbeques rules.

Can a tenant grow cannabis in a rental property?

Can a landlord evict a tenant for smoking cannabis in a rental unit?

Growing weed in an apartment building

Plants require lots of light and humid conditions, which can create mould and add to the electrical load, he said. The smell could waft to adjacent units.

Homestead is concerned that cannabis growing in its apartments could create hazards such as mould, excessive electricity consumption and fire risk, according to the notice sent to tenants. There could also be a security risk if it becomes known that cannabis is being grown in certain locations, said the policy that applies to tenants in about 25,000 rental units across the province. Homestead has about 35 rental building in Ottawa, mostly highrises.

“Many of our residents have been in contact with us to request clarity on how the new legislation will impact the reasonable enjoyment of their homes and in fact have requested if we can convert their building to a non-smoking designation. After careful consideration, and in conjunction with the request of many of our residents we have implemented a new rule in accordance with the Residential Tenancy Act prohibiting the cultivation or growth of Cannabis plants within the apartment units or common areas of the building.”

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Scott Dobson suggested the landlord should wait to see if it’s a problem. “They can’t just say, ‘You can’t grow it.’ Hey, we have rights, too.”

There is no limit to how large the plants can be. “We’re not talking about four tulips.”

Apartment tenants could be evicted if they grow pot when it’s legal, warns major Ottawa landlord Back to video

The move by Homestead Land Holdings illustrates some of the complicated issues that will arise between landlords and tenants when recreational pot becomes legal in Canada on Oct. 17.

However, if the pot-growing tenant interfered with the reasonable enjoyment of other tenants or the landlord’s legal interest, that would be grounds for eviction, he said. In other words, the cannabis cultivation would have to create a problem before the tenant could be evicted.