Can Landlords Ban Smoking Marijuana in Rentals?

As of October 2018, marijuana has become legal in Canada. That means that everyone can now possess, sell, and consume the product freely, as you do with any other product.

However, there are some smaller stipulations, amendments, and whatnot, and what’s more – there are differences from province to province.

With that in mind, we’re here to talk about the rules on smoking marijuana in rented apartments so you’ll know how it works in each province and if the landlord can forbid you from using it.

The Most Important Rules

First of all, it’s worth noting that some rules do exist and can limit your interaction with marijuana.

●        The minimum age for smoking is 18, while in some provinces it’s 21.

●        Marijuana can be smoked throughout Canada, but some provinces ban smoking in public places, but not in private apartments and homes.

●        In all provinces (except for Quebec and Manitoba) you can grow up to four plants.

Smoking in Rented Spaces

In general, the rule is that you can smoke cannabis in private residences. But when it comes to rentals, if your agreement forbids smoking indoors, then that most likely applies to marijuana as well.

In most provinces, the law allows the landlords to ban smoking, and many have opted to do so because the smell of the smoke lingers and this makes them do extensive cleaning and renovations before the next tenant moves in.

The Rules in Each Province of Canada

●        Ontario

The landlord can only ban smoking of marijuana if it affects the neighbours.

●        Quebec

Growing is prohibited altogether, and most landlords had the option to make changes to their agreements to ban smoking.

●        British Columbia

Smoking is allowed, as long as the landlord hasn’t banned it in the agreement. However, this ban can only be imposed on new tenants in new contracts. Landlords cannot make old tenants accept changes to their agreements. Furthermore, plants can be grown but mustn’t be visible from public spaces. 

●        Alberta

Alberta has a law that allows landlords to set rules for what is and what isn’t allowed in their properties, and these rules can include smoking of any kind. You need to check your agreement as many landlords have already changed them before the cannabis law took effect.

●        Prince Edward Island

Landlords can prohibit smoking and growing in their property. Smoking of marijuana is also banned in public spaces.

●        New Brunswick

Landlords are free to impose bans on smoking and cultivating. It stems from the fact that the term ‘no smoking’ is all-encompassing in this province.

●        Nova Scotia

The law gives the right to landlords to amend the agreement to forbid smoking and cultivating marijuana.

●        Manitoba

We already mentioned that growing marijuana is illegal, but smoking in public places is as well. Landlords also have the right to ban smoking in their properties, which includes marijuana as well.

●        Newfoundland and Labrador

Landlords are free to make restrictions on smoking marijuana in common areas, on porches and balconies.

●        Saskatchewan

Landlords can change their policy on smoking and cultivation in their properties. It’s estimated that most of them have already done so. Furthermore, smoking is banned in public spaces as well.

Who Is Responsible for Specific Problems in the Rental Apartment?

Living in a rented apartment is a breeze, as there aren’t as many things you need to worry about as in your own home. Mostly, the only problem in a rental are some unforeseen circumstances like damage, broken devices, pests, mould, and things like that.

Naturally, the very fact that these things happen is not the biggest issue, as all of it can be dealt with patience and effort. The real problem lies in the fact that most people don’t know whose responsibility each of these problems is.

Do you have to fix the problems or is it the landlord’s duty? Each problem is unique, and only one of you is responsible for it. Let’s take a better look at who is in charge of each issue.

Which Problems are the Landlord’s Responsibility?

You want to be a great tenant, but you also want to know what obligations your landlord has towards you, as it shouldn’t all be on you.

In general, most of the repairs needed in the unit fall to the landlord’s domain. They are the ones responsible for them.

That means that the landlord has to fix anything doesn’t work correctly anymore, or replace the things that are completely broken. The rule naturally applies only to everything that came with the place – the unit itself, appliances like the fridge or the stove, and more.

It doesn’t matter what the contract says, as this has to do with the law in Canada that states that these things are the landlord’s responsibility.

All of this means that the landlord needs to worry about the repairs and maintenance of additional things like:

●        The plumbing, heating, and electricity

●        Everything in the common areas of the building

●        All infestations like bugs, rats, etc.

●        Serious mould issues

Of course, if the agreement you have with the landlord mentions something else that’s their responsibility, then it is, and you should refer to it to find out.

Which Problems are the Tenant’s Responsibility?

The landlord makes most repairs and changes, but small replacements like changing the lightbulbs are the tenant’s responsibility. As long as it’s something that can be done quickly and easily by the tenant, it’s your responsibility, but if it requires some special handling and assistance from others, then it isn’t.

Any routine maintenance or cleaning is naturally the tenant’s responsibility. Also, if you do any minor damage during your stay – it’s you who has to take care of it, as well as minor mould issues. When it comes to some more significant damage, as long as you cause it, it’s still up to you to fix it.

Furthermore, it’s worth noting that it’s up to you to maintain outside areas that are exclusively used by you. If others use it, then it’s no longer your responsibility.

It’s worth noting that you need to respect anything mentioned in the agreement, as long as it is according to the law.

If any problems do occur, it’s always good to talk with your landlord and have an open discussion, because as long as a positive relationship is maintained, everything will work out well. It can even happen that the landlord goes out of their way to help you because you’re a great tenant!