As soon as its legalized, pot could be banished from rental housing. Once the Canadian federal law on the legalization of cannabis is passed, the Quebec law stipulates that homeowners will have up to 90 days to open leases and insert the ban on smoking in apartments. They may include balconies and terraces.
Smoking Cannabis May Be Banned In Rental Housing
Unlike the rest of Canada, An amendment added to Bill 157 on cannabis use may allow homeowners to prohibit their tenants from “smoking” cannabis in their homes. They will have 90 days after the legalization to modify the leases.
“Jurisprudence has confirmed the landlord’s right to include such a clause in the lease or in the by-law. It is therefore valid and the tenant must comply with it “, according to the Régie du logement.
An owner could go so far as to terminate a lease in the event of non-compliance with the clause.
” The real reason is to protect other tenants against the smell of cannabis and against the side effects that are felt through the walls. This is an important issue for tenants, “said the president of the Quebec Association of Owners (APQ), Martin Messier.
This association has made several interventions in parliamentary committee to add this amendment to the law. Currently, the QPA contacts owners and organizes legal training to add this clause in the leases. They hope the majority of homeowners will not allow tenants to smoke cannabis in apartments.
With this amendment, it will be almost impossible for tenants to challenge a lease amendment if it happens within three months of legalization since this modification will be framed by the law. Outside of this moment, tenants will be able to contest the ban more easily.
The spokesman of the Regroupement of housing committees and tenant associations of Quebec (RCLALQ), Maxime Roy-Allard, evokes meanwhile a “psychosis collective “, due to the novelty of the legalization.
” The owners say that everyone will smoke, that it will create problems for everyone. Yes, it is a new question, but to impose this ban on everybody, I find it abusive, “he declared.
The QPA also campaigned to ban the cultivation of cannabis in housing rentals. Currently, the provincial law does not allow the cultivation of the plant at home. The federal government would like this ban to be lifted.
The provincial law makes an exception for cannabis users for medical reasons. In this case, the owners could allow them to smoke in their homes.
The amendment only stipulates the prohibition of “smoking” cannabis and not how it is consumed it in other ways.