90 days to ban the pot in the dwellings

General Information Health

Homeowners who wish to avoid damage to their homes through cannabis use will have 90 days, as of Wednesday, to send a notice to modify the lease even if we are not in a renewal period.

This should be reassured since, according to a recent survey by the Association des Propriétaires du Quebec (APQ), 73% of homeowners believe that the smoke caused by marijuana use will disturb their tenants enough to generate complaints. According to the same survey, 28% of respondents have already experienced housing situations as a result of marijuana use or cultivation in housing.

What will the owners do?

The owner can certainly open a file at the Régie du logement. But beware ! Currently, the average waiting time at the Régie du logement is 5.5 months (according to the 2016-2017 management report). So how long can we estimate the treatment of cannabis records? I fear the answer!

The main complaint to the owners is the smell of smoke. But what can the owner do to prevent this problem as much as possible?

The government is able to send after the coming into force of the act, on October 17, 2018, a notice of modification of the conditions of the lease even if we are not in a renewal period.

The law says: “A landlord can within 90 days after the coming into force of the cannabis law change the terms of a housing lease by adding a ban on smoking cannabis. “

For this purpose, the landlord provides the tenant with a notice of amendment outlining the ban on smoking cannabis applicable to the use of the premises.

The tenant can, for medical reasons, refuse this modification. He must then notify the landlord of his refusal within 30 days of receiving the notice. In such a case, the landlord may apply to the Régie du logement within 30 days of receiving the notice of refusal to rule on the modification of the lease.

In the absence of refusal, the prohibition is deemed to be registered in the lease 30 days after the tenant receives the notice of modification.

ADVICE

  • It must be remembered that it is the owner’s responsibility to guarantee all the occupants of the building the peaceful and normal enjoyment of the premises.
  • Naturally, if the lease or settlement of the building provides for the prohibition of cannabis smoke, it will make things easier for the owner.
  • Do not wait to send your notice of amendment for cannabis.
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