Your Rights In A Rental

Your Rights In A Rental

When you own your home it’s pretty much anything goes, but living in a rental apartment, condo or house lends itself to having to follow a specific set of guidelines.

Some rentals don’t allow pets and others have a no cigarette-smoking clause—so does this mean they can stop you from using your medical cannabis based on their own set of rules? As much as a pushy landlord might want you to believe the opposite to be true, Health Canada has specifically stated that tenants are, in fact, legally allowed to both grow (their legally allotted amount of) cannabis and to smoke it within your rented home.

A statement made by Health Canada last year said, “In designing the new regulations Health Canada has sought to ensure that Canadians who require cannabis for medical purposes have reasonable access.” The statement further read, “The new regulations do not require individuals to notify or seek the consent of their landlords, as such requirements would likely infringe on their right to reasonable access to cannabis for medical purposes.”

Of course, this topic is still being hotly debated, especially as landlords and property owners think about the impending legalization in 2018. They claim the smell of cannabis smoke is a bother to other tenants and creates a less than desirable atmosphere for the type of image they want built for their building. Property owners have also battled medical cannabis patients on their right to grow cannabis in their rented homes or apartments, saying everything from mould (thanks to the necessary humidity levels of growing) to dangerous electric conditions (due to overburdening the system with grow lights) have either damaged their property or could potentially cause damage in the future.

What’s a renter to do? Go ahead and use your cannabis. It’s your legal right. You can even grow it in your rented space if that’s your desire—assuming you have all the proper paperwork. However, there are ways to go about all of this that doesn’t cause risk to your living space or upsets the neighbours. First, if you’re growing inside a home you don’t personally own, you have to realize the stakes are a little higher. Any damage done because of water, humidity or electrical issues will definitely mean not getting that security deposit back—and that could be just the beginning of the financial headaches.

To start, keep it within your legal limit and grow your plants just to their legal height. Make sure you’re being safe with electricity… seventeen power cords plugged haphazardly into one source of power is not smart. Three or four plants won’t take up too much extra power, but it might be a good option to check with your landlord about your rental’s capabilities (especially if you’re in an old building).

When it comes to consuming your cannabis, the most neighbourly thing to do of course is to not smoke it. Using a vaporizer is not only healthier for your body it’s also much less evasive to those living around you. Edibles and oils are another option as well. If you must smoke (and remember, it’s your legal right to do so), try pointing a fan outward toward an open window to air out the room and prevent the smoke from flowing under your door into your neighbour’s range of smell.

Unfortunately, the rules of the recreational cannabis game haven’t been set yet. Many property owners are urging lawmakers to give them the rights to deny tenants who grow or smoke recreational cannabis. However, the Access to Cannabis for Medical Purpose Regulations (ACMPR) will continue to protect patients’ rights, as using cannabis for medical reasons cannot be discriminated against.