Cannabis rules for tenants and landlords
Landlords can change existing leases to put rules in place about smoking and growing recreational cannabis. They need to give their tenants written notice at least 4 months before the anniversary date of the tenancy (lease).
Landlords can add rules around smoking and growing recreational cannabis to existing leases.
Landlords can change their existing leases by giving tenants written notice at least 4 months before the anniversary date of the tenancy (lease). The landlord needs to serve (deliver) the written notice to each tenant in 1 of the following ways:
- personally deliver the notice to the tenant or an adult who lives with the tenant
- leave the notice in the tenant’s mailbox or mail slot at the address listed in the lease if the tenant currently lives there
- send the notice by prepaid registered mail, prepaid express post or prepaid courier service to the address listed in the lease if the tenant currently lives there (or to a civic address provided by the tenant)
- email the notice to the tenant if the tenant provided an email address in the lease (agreeing to receive documents this way)
When the landlord provides written notice, the tenants can decide if they want to end the tenancy (lease). If they want to end the tenancy (lease), they need to give the landlord written notice by using Form C: Tenant's Notice to Quit.
Rules for new leases
If a landlord wants to change a cannabis rule on a new lease, they don’t need to give notice. Landlords need to give a copy of the rules to the tenants before they sign the lease. If the tenants don’t receive a copy of the rules, they should ask the landlord if there are any additional rules before signing the lease.
No smoking rules
Under the Smoke-free Places Act, rules around no smoking include smoking cannabis. The act restricts smoking in public spaces and other common areas within commercial buildings or multi-unit residential buildings. The act also applies to medical cannabis use. Municipalities may also put by-laws in place that restricts its use.
Tobacco allowed, but not cannabis
Landlords can create their own rules. This means that landlords can allow for smoking of tobacco but not cannabis. Landlords need to specifically state this in the rules.
If a tenant doesn’t follow the terms and conditions of the tenancy (lease), a landlord can file Form J: Application to Director for a hearing to end the tenancy (lease).
The Department of Environment enforces infractions under the Smoke-free Places Act.