The Potential Impact of an ACMPR License on Residential Tenancy

The Potential Impact of an ACMPR License on Residential Tenancy

Obtaining an ACMPR license can provide significant health benefits to individuals who find relief from their medical conditions through the use of cannabis. However, it may also introduce potential complications when it comes to residential tenancy. Cultivating cannabis in a rental property has legal implications that both tenants and landlords must understand.

Tenants’ Rights and Obligations

While an ACMPR license grants you the legal right to grow your own cannabis, it doesn’t supersede the Residential Tenancies Act or any stipulations in your lease agreement. The right to grow cannabis for personal use, medicinal or otherwise, may be restricted by a clause in your lease that prohibits illegal activity or alterations to the property, as well as clauses that specifically disallow the cultivation of cannabis.

As a tenant, you’re required to use the property in a manner that won’t disturb others, and it’s well-documented that cannabis cultivation can result in odors that may be considered a nuisance by other tenants. Excessive moisture from cannabis cultivation can also potentially lead to mold growth, which could cause damage to the property.

Before you begin cultivating cannabis in a rental property, it’s essential to have a candid discussion with your landlord about your intentions. If you’re already in a lease, you may need to negotiate amendments to allow for your medical cannabis cultivation. For new rentals, the terms allowing cultivation should be agreed upon before signing the lease.

Landlords’ Rights and Obligations

Landlords have the right to protect their property from damage and to ensure that all tenants can peacefully enjoy their rental units. If the cultivation of cannabis in one unit becomes a nuisance to other tenants or causes damage to the property, landlords have grounds for action.

However, landlords are also obliged to accommodate tenants’ medical needs to the point of undue hardship, according to the Canadian Human Rights Act. This means landlords may need to balance their obligations under the law with their desire to maintain the peace and condition of their property.

The impact of an ACMPR license on residential tenancy can be complex, and it requires open and honest communication between landlords and tenants. Legal advice may be beneficial for both parties to fully understand their rights and obligations in these circumstances.