As recreational marijuana becomes legal for private residences in the summer, not all people are happy about it.
Landlords in Ontario are worried about the effect that the drug will have on their properties and are requesting that they be allowed to ban it.
The problem is that banning smoking marijuana in the house is not possible without changing the tenant agreement, which cannot be done without voiding the whole contract. This would be a very expensive process for the landlords.
There was no need to ban marijuana because it was illegal, and all contracts had a clause that if you were found to be using the place for criminal activities you could be kicked out.
However, since smoking marijuana will no longer be a crime, it will not be covered by that clause. Adding a new clause dedicated to marijuana will result in having to renegotiate the terms of the tenancy agreement as well.
Another problem is that it may be too restrictive and such a ban may not be allowed at all, as long as smoking is allowed in the house. Specifically banning marijuana and not tobacco may be discriminatory behavior.
The biggest problem is that since the decriminalization and legalization of marijuana is a recent phenomenon, there is no precedent to help the courts decide one way or the other.
Meagan Kozlovs is a reporter for Debate Report. She’s worked and interned at Global News Toronto and CHECX. Megan is based in Toronto and covers issues affecting her city. In addition to her severe milk shake addiction, she’s a Netflix enthusiast, a red wine drinker, and a voracious reader.