Some residential landlords want to be able to ban the use of marijuana smoking in rental units when recreational use is legalized.
Currently, the Residential Tenancies Act does not include explicit rules about smoking substances of any kind in a rental property. The new marijuana laws do not contain rules for renters engaging in recreational use either. As it stands, Landlords have the right to include stipulations in a new lease banning tobacco smoke. However, they cannot change an existing lease to restrict smoking of tobacco. This will likely apply to smoking marijuana when it is legalized.
Amongst the concerns expressed by Landlords in permitting pot to be smoked in rental units are the following:
- Apartment units are not hermetically sealed allowing the smell of the smoke to travel to other apartments to the discomfort of other tenants;
- Costs are around $5,000 – $6,000 to rid each smoker's unit of the smell;
- Increased complaints of tenants having to deal with marijuana smoke permeating their homes
Efforts will have to be made to reach a compromise between Landlords and recreational pot using tenants, as they will otherwise be limited on the places they can smoke. Perhaps such a compromise will be creating a dedicated space outdoors for recreational users to smoke.
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