Of Landlords and Legal Pot: Province Charts Course for Tenancy Restrictions

Article by CBC News

Of landlords and legal pot: Province charts course for tenancy restrictions Existing leases can be amended to restrict smoking or growing, but only through mutual consent CBC News . The province said landlords will be able to restrict pot smoking and growing in new leases. (David Donnelly/CBC). Kim Snow, chief residential tenancies officer, said landlords can amend existing leases to include clauses for pot smoking and growing, but tenants would have to agree to such amendments. (Shane Fowler/CBC) Brandon Gillis said he can understand why landlords would be opposed to tenants growing cannabis on their property. (Shane Fowler/CBC) Landlord association member Gerry Webster said he's concerned about the destruction of property. (Shane Fowler/CBC)

Landlords will be able to restrict smoking and cultivation of legalized cannabis in their residential properties, according to the New Brunswick government.

Tenancy issues were among several topics provincial officials addressed in Fredericton on Thursday, a week and a half after the senate passed the federal government’s bill legalizing recreational marijuana.

Pot will become legal to consume and grow in private dwellings on Oct. 17.

Kim Snow, the province’s chief residential tenancies officer, said she has been speaking with concerned landlords who wish to prohibit cultivation and smoking.

They will get their wish, she said. Landlords can include those terms in new leases.

But what about existing leases?

Current “no smoking” clauses cover smoking pot, but not other methods of consumption. Unless the existing lease states that smoking and cultivation is illegal, it will be legal after Oct. 17.

Snow said amendments can be made to existing leases, but they have to be agreed upon by both landlord and tenant.

“If, for example, the tenant did not want to agree to that term of their lease, then the landlord would have to wait until the expiry of their lease or end it by natural terms of their contract,” Snow said.

Read the full article here.

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