15 Jun Marijuana-Free Rentals
Landlords are now able to ban smoking and growing in their properties as Nova Scotia legalizes pot.
Think the legalization of marijuana means you are free to grow and smoke in your home? That’s not necessarily the case if you are a tenant.
The Province recently passed the Cannabis Control Act, which is its recreational cannabis legislation. Two parts of the legislation are now in effect, including the ability for landlords to amend existing leases in order to put reasonable rules in place about recreational cannabis smoking and cultivation. In essence, this gives landlords the authority to ban both smoking and cultivation of cannabis in their rental properties.
Landlords have one year to amend leases and they must provide tenants with four months’ written notice of these changes before April 30, 2019. When the landlord provides this notice, the tenant may then decide whether they want to terminate the lease. The tenant has one month to decide. If they want to terminate the lease, they have to give the landlord three months’ written notice using the Tenant’s Notice to Quit—Early Termination of Tenancy Due to Cannabis Rules form.
Landlords who amend their leases are required to ensure that any new rules apply to all tenants in a fair manner and that they are expressed to inform the tenant of what the tenant must or must not do to comply with the rule.
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For more information on the new legislation and your rights as a landlord or tenant, visit https://novascotia.ca/sns/access/land/residential-tenancies/cannabis-control-act-frequently-asked-questions.asp#faq26561.