Owners find it irresponsible to legalize cannabis cultivation in rental units

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Apartment building owners believe the Canadian government’s bill to allow the cultivation of four 100-centimeter cannabis plants in homes is irresponsible since it would be impossible to enforce the limits among tenants.

Owners find it irresponsible to legalize cannabis cultivation in rental units

Three-quarters of apartment building owners are concerned about the legalization of cannabis for recreational use, and an even greater percentage does not trust the authorities to be able to enforce the limits among tenants.

A CORPIQ survey1 shows that 30% of owners are “somewhat concerned” about the legalization of cannabis, while 42% are “very concerned,” adding up to a total of 72% (74% after the distribution of undecided responses).

The main concerns include complaints from other tenants about odour, damage to units from indoor cultivation and consumption, and the behaviour of tenants or their guests.

“Even if owners have the right to prohibit smoking in their leases, enforcing that rule is not always easy,” cautions Hans Brouillette, CORPIQ Public Affairs Director. “Now add to that the attempt to control marijuana grow-ops and dealing.”

No confidence in police or the Régie du logement

When asked how confident they would be that the police could enforce the number and size of the plants allowed per residence, 81% of owners answered that they are only “slightly confident” or “not at all confident.”

The lack of trust in the Régie’s ability to enforce the regulations is even more pronounced. An impressive 94% of respondents are “slightly confident” or “not at all confident” that this municipal court would be able to force a tenant to comply with the number and size of cannabis plants that can be grown.

As far as enforcing the regulation themselves, 80% of the building owners surveyed feel they would be “slightly able” or “not at all able” to do so.

Prohibit home cultivation

CORPIQ is asking the federal government to prohibit cannabis cultivation in residences that are not owned by the occupant.

Brouillette explains: “The Government of Canada should consider the vast difference between cultivating and consuming cannabis in a residence that the occupant owns and doing so in a residence that the occupant is renting. In the former case, the person growing and consuming the drug takes on the property damage and health risks him- or herself. When the case involves a rental building, however, it is the owner who must unwillingly accept a tenant’s decision and who cannot protect other tenants and the building itself. CORPIQ finds it deplorable that the Trudeau government is demonstrating such poor judgement given the situation.

Cultivating cannabis inevitably means it will also be transformed, which will increase the risk of damage to the building and to the safety of its occupants.

Prohibit consumption

On the issue of cannabis consumption, CORPIQ is asking that owners be given the right to unilaterally modify their current leases to include a clause prohibiting the consumption of cannabis. Since the product has always been illegal, owners had the choice to allow or prohibit tobacco smoking through the lease, but they would not have included any specific prohibition of smoking marijuana because the law already prevented it.

“If a new right to consume cannabis is created, it would only be fair for owners to have the ability to exercise their existing right to prohibit smoking in their apartment units,” states Brouillette.

Note that 43% of apartment building owners in Quebec prohibit smoking in all their leases, while 17% have some leases that prohibit smoking, totaling 60% of owners. 

 (1) Survey conducted from January 10 to 23, 2017, among 872 apartment building owners, serving as a representation of the Quebec market. A 3.2 margin of error, 19 times out of 20.

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