Landlord and Tenant Forums: By Landlords For Landlords

Our relatively new tenant didn't want the plumber to access his unit for a pressure test for insurance, so naturally red flags went up. The tenant came into the office to explain.

1. Tenant is growing marijuana in the basement.

2. Tenant provided license for growing and storing. (address was old address, not current, very important)

3. Tenant informed us, he has every right to start a grow-op in our unit.

4. Tenant informed us, that the local O.P.P. are aware and have inspected the unit.

5. Tenant informed us, that Health Canada does site inspections to determine if grow is "safe"

O.k, naturally we are concerned so we do some checking....

1. LTB response: "This is a new one for us, legal grow ops???, serve a N5 but if there is no damage yet, that would be a 1st for Ontario" O.k we figured we would get that response.

2. OPP response: "Really we are not aware of that, they checked it out, entered the unit with tenants permission, determined everything was o.k. (should note that they couldn't answer any questions regarding what they seen. Was the electrical messed with? I don't know they said. Matter closed.

3. RCMP response: " We don't deal with "small potatoes"

4. Health Canada: Yes he can grow, no he can't, yes provided he has a form F filled out, no he can't grow, yes he can, the address has to be listed on his license or it's illegal. You get the picture here, same as the LTB call 10 times, and if you get the same answer twice you win.

5. OPP response to our request to remove the grow-op: Can't because Health Canada says it's o.k? I can understand, but call back 10 times........ , still waiting to hear back on that. Health Canada says that if the license doesn't match the address it is a criminal activity, no response from OPP yet.

6. Local M.P. : No response yet.

7. Health Canada: No we don't inspect the units.

In the meantime we have dealt with the tenant threatening to sue for the police damaging the crops (light was turned on), blackmail (report to insurance), and now will try and deny our access tomorrow if we don't come with police (which we will and are).

We shall see what the inspection shows tomorrow, making sure my camera is fully charged . As at this momment, I haven't actually seen the basement, only the OPP have.

All comments, concerns, hints, and free legal advice accepted

What a day.

John

Don't believe anything the tenant says. Does he need the marijuana for medicinal purposes?

It is illegal and even if he has a licence to grow, your place is not a green house. It is not electrically wired to be a green house.

He may be using extension cords for the heat lamps/lights, this would be in contravention of the electrical code as extension cords cannot be permanent. Not following electrical code can cause your insurance to be cancelled or for rates to go up, all reasons to evict.

You need to go throw the LTB book at him. You need to find mold and electrical issues due to the grow op.

Will post more ideas later.

Once he's in the mould and electrical issues would be THE LANDLORD'S RESPONSIBILITY.

Update, last night after instructing the police to check his license again (address don't match) they removed the plants. No charges. Inspection is this afternoon.

Absolutely crazy!

I can't believe this sort of thing is happening.

John you are a lucky man though. If that arrest had been made your property would be on title as a grow op and well good luck selling it after that. Not to mention the city would force expensive consultants and mold contractors on you!

Try and dissuade the police from laying charges and get a hold of Health Canada and make sure they pull this license.

Begin eviction ASAP once that is done..but even here who knows what the LTB will do...

I fell for you! Yet another onslaught on the working LL's of this province!

"this is the thin edge of the wedge"

Under the OHRC's "duty to accomodate", a tenant who IS allowed to grow marijuana may HAVE a legal right to do so in their apt.

And the LL would probably be legally required to accomodate the tenant with the required electrical and ventillation systems!

It sounds absurd, but the "duty to accomodate" could be the death knell for private LL's.

It is an open ticket for abuse.

The list of conditions that a LL could be forced to accomodate are virtually endless:

tenants may claim:

-they have chemical allergies and MUST have a chemical free apt (there was a story in the star last week about this)

-tenant may claim legal right to grow marijuana

-tenant may claim development of arthritus (now needs self opening/closing doors)

-may claim they have violent outbreaks (needs sound proof rooms)

-may claim they have dizzy spells and black out (need specially designed apt to prevent injuries incase of falls)

-may claim they have a medical condition and require apt be kept at 80 degrees

-may claim they cant bear weight on their feet and now need a wheel chair accessible apt.

As you can see, the list is as long as one's imagination.

But every claim by a tenant that the LL must accomodate must be investigated by the OHRC and the LL may be responsible to make the changes to the point of "Financial Hardship" (bankruptcy)

this is NOW in the Ontario Human Rights Code and the province of Ontario supports it!

From The Health Canada website:



http://www.hc-sc.gc.ca/contact/dhp-mps/ ... mm-eng.php




Nothing about respecting private property though. I'm going to contact them on this one. This is an outrage!

in the states certain states yes legal grow ups and the huses destroyed
POT CITY google this
and the rents are high , some landords just accomadate it and live off the high rent but decent people cant and wont live in the area
I cant see ontario allowing legal grow ups
we do have medical mariwan and I dont think it means they can gorit justr buy it from a goverment site


tenants tell me alot of crap unless I get the paper work I dont buy any of it
di yu see the paper work , where do you live province

I urge you to go the the media and then again no you may lose your insurance
One ltb should be fully aware of the laws around grow up and a wobble wont do as a answer also the police , still they came through in the end , if they hadnt and there was a fire the police would of been responsible I am sure they figured that out

You're right Margaret I doubt the police are amused with this and I doubt the intention was to use private property besides your own to grow weed and break the law as well as put your neighbors in danger!

But who knows?

Next week I'm going to call the number and get a clarification. that they state clearly what their guidelines are in regards to growing weed in someone elses property without their consent!

If I don't feel things are going well I'm going to go to the federal ombudsman!

It looks like in this crazy socialist experient run by the Libs, the Ombudsman seems like our last best chance.

Are they illegally running abusiness from their apartment? is there any damage that you can see right now? Watch for mould behind drywall.

If they build it, get rental for them to complain about mold and ask for a rent abatement.

What got me on the story was the LTB appearing to do a wobble on the answer
they should of answered a firm no
we do not have legal grow ups and illegal actilivity is just that illegal

that is a really valid complaint to the ombudsmans office \

one they get funding to answer the phone and give answers and they shuld have the facts right on hand nop wobble
missue use of funds staff not trained p[roperly
again a iissue that the ombudsmans office would take a interest in
he should write the ombudsmans office that he was not given imformation in a timely manner

In one of the states they have this problem yes tenants can have grow ups and there are legal , growing for own use
the laws say then can grow a hundred plants

I dont have all the details
google Pot City there was a show in it
nightmare and regualr people are pushed out of the neighbourhood by the grow ups

And yes, right now a patient can grow upto 30 plants for him/herself and an additional 30 plants for another patient. All applied for and approved for without your notice. B.C. has issues with this, regarding police and fire don't know where these operations are located. And the #'s of people applying and getting approval is growing.