|Aubie J. Herscovitch
in collaboration with Mayya Mihaylova
No one should ignore the law...
With regards to the legalization of cannabis on October 17th, 2018 and recent changes to its regulations, all property owners and/or managers must absolutely take necessary measures to control its use in the building(s) under said-care. Furthermore, up till January 17th, 2019, it will be possible to prohibit the use of cannabis or to set limits thanks to a specific clause modifying an existing lease, regulating or even prohibiting its use in the context of a new lease.
Here are the essentials of the procedure:
- The owner/manager must provide the tenant with a written notice of the lease amendment specifying the types of prohibitions, as related to cannabis usage in the building.
- The tenant has 30 days to inform the owner/manager of his acceptance or refusal of the new clause. Failure to reply within the time limit shall be deemed to be acceptance on his part.
- If the tenant refuses the modifications, for example owing to medical reasons, two scenarios can then occur:
- The tenant decides to leave the dwelling at the end of the lease. And, where a future tenant is concerned, the owner/manager can then include the clause regulating or prohibiting the use of cannabis.
- Despite his refusal concerning the lease modification, the tenant wishes to renew his lease to remain in the dwelling:
- The owner/manager then has one month from the receipt of the tenant's response to submit a request for modifying the lease to the adjudicating Régie du logement;
- If the owner/manager does not send any request within the one-month period stipulated, the tenant's lease will be renewed under the previous conditions.
To make it easier for owners/managers, we have prepared a cannabis prohibition notice that can be adapted accordingly to the constraints and needs as per attached document (click here).