Tag: marijuana grow ops

Landlords Have Legitimate Issues with Canada’s Half Baked Legislation

The Federal government didn’t bother to get into specifics on upcoming marijuana legislation.

The tabled cannabis law proposes allowing Canadians to grow 4 plants per person at home – whether they own or rent, provided the plants aren’t taller than 100 centimetres. It sounds benign when it’s framed as a new and progressive law – which in many ways it is – however the practical implications of the legislation are something that a growing number of national and provincial landlord groups aren’t happy with in the least. The government has not said if landlords will be able to prohibit tenants from growing pot in their apartments.

The Professional Property Managers Association and  The Canadian Federation of Apartment Associations are both looking to compel the government to change this aspect of the law. They both seek a ban on tenants growing plants in rented homes or multi-unit buildings. Full disclosure: we also support this change in the law as it is rooted in common sense. We touched on some of the complicated aspects of growing marijuana in a rented unit – particularly the insurance nightmare it has the capacity to create.

“I think the government is obviously balancing a lot of issues here. They do want to break the black market, and that’s important. But we think we can break the black market if they let people [only] grow it in their own owner-occupied homes, and the product is readily available in stores or by mail order.” -John Dickie, Canadian Federation of Apartment Associations

Optimal conditions for growing marijuana include warm temperatures, extensive lighting and high humidity. In order to grow weed, you need these three things. Creating the hydroponic conditions in a residence in an effort to achieve this key trifecta is not something you can do without affecting the domicile in some capacity. That’s just a fact. Water that is fed to plants will transpire and evaporate from the containers into the surrounding air. Cannabis plants also require warmth. Excess water vapour and high temperatures can create humidity damage. Large mold accumulations can follow and grow fast in humid environments and can lead to structural decay.

To boot, unusually high amounts of steam coming from vents in winter can damage exterior finishes on houses. The smell of weed seeps into drywall the same way tobacco smoke does, and even when it’s not being smoked, marijuana can create a permanent odour that can be repulsive to people – like other tenants and incoming ones in the future.

The electricity required for lighting in even a small cultivation of weed is high. It also introduces a fire concern with having that much botanical lighting in a house – and that’s assuming that a tenant doesn’t re-wire the electrical in a home (which they can’t do). Most wall outlets are on a 15-amp, 120 volt circuit. Many outlets are generally on that one circuit. One 1,000 watt metal halide or high pressure sodium light draws 9 amps at 120 volts. So just by using one of those plugged into a wall outlet, you have already significantly maxed your circuit – and that’s not taking into account the other devices, computers, or appliances that are also typically in a unit. Maxing a circuit is not a good thing. Your circuit breaker (if it’s working properly) may shut down your circuit because you’ve overloaded it. Your wiring may heat up, flame up, short out or otherwise fail. Lastly, there is an increased fire hazard danger due to people drying marijuana in a household stove.

Even four plants in a building can change the risk assessment on a property, and creates a greater likelihood of water damage, mould, fire, vandalism and burglary. Under most basic home insurance policies, marijuana-related damages or anything that companies believe is “high risk” is not covered. That view is shared by many insurance companies, according to the Insurance Bureau of Canada.

“Landlords currently have little recourse available if a tenant is growing medical marijuana and aren’t required to be told if it’s happening” -Avrom Charach, The Professional Property Managers Association

Under new federal rules introduced last August, landlords are left a little high and dry (no pun intended) if a tenant is growing licensed medical marijuana. They don’t even have the right to know it’s happening. None of that is right. The federal government should formally include a clause in the Cannabis Act including restrictions on any and all rented dwellings or they should at least mandate that provincial legislation needs to compensate for the loophole this creates.

 

 

Guys, You Should Tell Your Landlord If You’re Going To Grow Pot.

A grow-op, whether legal or not, is still a high-risk activity

In August of 2016, Health Canada expanded rules for medical marijuana patients through the Access to Cannabis for Medical Purposes Regulations. They were granted the right to access their cannabis three ways.

First – They can register with Health Canada to grow a “limited” amount of cannabis for their own medical purposes. Second – Designate someone else to grow it. If a patient is not healthy enough to grow their own, someone else can provided they pass a background check showing they haven’t been convicted of a drug offence in the last 10 years and aren’t growing for more than two people, themselves included. Third – Getting it from one of 34 Health Canada-approved producers — the only legal source under the current laws.

Seems great, right? Not really. At least not from the perspective of landlord and retired fire inspetor Darryl Spencer. Go Public at CBC News told his story in full force last week, shining a light on what is increasingly becoming a complicated issue.

Spencer has owned a rental property in Kamloops, B.C. for over 10 years. After receiving complaints from one of his tenants about radiating heat from the floor and electrical breakers tripping, he discovered his basement tenant’s legal (albeit scattered and poorly set up) grow set up. The tenant received a medical marijuana license, enabling him to grow up to 60 plants without the permission or knowledge of his landlord. After learning of the development, he disclosed to his insurance company that he had a legal set up for the plants supported by a license from the federal government. His reward? Losing his coverage and having his policy cancelled.

Since last year’s new rules, landlords have little to no recourse if a tenant is growing licensed medical marijuana. They don’t even have the right to know it’s happening. You read that right. Under most basic home insurance policies, marijuana-related damages or anything that companies believe is “high risk” is not covered. That view is shared by many insurance companies, according to the Insurance Bureau of Canada, since a greater likelihood of water damage, mould, fire, vandalism and burglary exists.

While regulations may allow for the legal growing of marijuana for medical purposes, it does not change the structural risk grow-ops pose to homes and condos – Andrew McGrath, Insurance Bureau of Canada

So in other words – a tenant’s privacy trumps the rights of a property owner – at least as far as the federal government is concerned. Besides being ridiculously short sighted and ill considered, to boot, the government is leaving it up to the municipalities to enforce whether the grow set ups are safe. The problem with that is federal privacy rules prevent local authorities from knowing where marijuana is being grown. There also is no system in place to proactively check if tenants are growing the allowed number of plants and following their permit.

The federal government’s role is to ensure people who need medical marijuana have access – Jane Phillpott, Health Minister

Two months after his policy was cancelled, Spencer ended up finding a new insurance company that specializes in domestic cannabis-operations. The coverage cost almost twice what he used to pay and has a much higher deductible. The story has a happy ending though.

Go Public contacted Gore Mutual, Spencer’s original insurance company. They offered to reinstate Spencer’s policy for almost the same amount he used to pay, to which Spencer took up.

 

Oh No! I Have A Marijuana Grow-Op In My Rental Property!

I don’t really, but what better way to get your attention?

As landlords, most of us have heard of that old urban myth. You know the one… a guy who knows a guy, who’s a landlord, who suddenly finds out that the perfectly nice couple who had been renting out the house were in fact running a marijuana grow-op. There are variations on the story as well, sometimes it’s a crack house, sometimes it’s a meth lab. This story — in all it’s incantations — has popped into our brains in some way, shape, or form at some point in time.

This is the reality…

The RCMP estimate that there are about 50,000 grow-ops in Canada. They’re in single family homes, basement apartments, and even in Toronto high rise condos. Most landlords are probably oblivious to this fact — and even more alarmingly — they’re often oblivious to the massive insurance pickle they’ll find themselves in if they end up renting to someone who decides to make their unit a reefer lab.

Read this great article by Ottawa lawyer Howard Yegendorf. Landlords need to be aware that the majority of liability insurance policies have a specific exclusion for damage caused by your tenant’s marijuana grow-op. That’s just the insurance problem. There’s also the criminal enterprise element. Seriously. Have you seen Oliver Stone’s Savages? Property management is hard enough. Having something comparable to a Breaking Bad season in real life is the absolute last thing you or any other tenants in the property need.

So what do you do? Well, here are some tips:

  • Perform tenant screenings. There’s a variety of other background checks your can perform as well, such as a criminal record check and an employment verification.
  • Have an airtight lease that clearly articulates the expectation of no criminal activity on the premises and that the tenant will provide reasonable access to the landlord.
  • Visit and inspect your property regularly. Remember – landlords are allowed to visit their units for routine inspections with proper notice given. Landlords should be familiar with rental property inspection laws uk . You’d be surprised how many don’t do this. Get into this habit.
  • Talk to your tenants. Communicate with them. That’s always a good way to get a sense of what’s going on at the property. If you’re hearing about a lot of suspicious people coming and going constantly that could be a tip worth keeping in the front of your mind. Grow-ops have a tendency to have a lot of runners coming in and out of the place.

Here’s some tips on what to look out for:

  • Look out for any hydro alteration or electrical bypass. Things like holes in the foundation that weren’t there before should be treated as suspicious.
  • Did the renter spend a lot of time viewing the breaker-boxes, wiring and plumbing fixtures? Were they asking a lot of questions about power distribution in the property? Believe it or not, this happens. More often than not, illegal growers attempt to steal hydro by altering how it comes into the unit.
  • Be weary if tenants want to pay their rent in cash. Seriously. Who pays in cash? People who deal with a lot of cash, like servers, even have bank accounts.
  • If a tenant discloses that they plan to have the utilities registered under a different name, that’s weird.
  • Evasive answers and vague information on a rental application. This should set off a flag anyways.
  • Condensation or darkened windows in the unit. Cardboard and blacked out windows foster an effective grow environment. That’s not normal.
  • Tenant unloads copper and/or PVC pipe, soil, halogen lamps, large amounts of black plastic aluminum ducting, and fans.

In hiring a contractor for your siding installation in Utah, be sure to do your due diligence. There are many reputable home siding contractors with the knowledge and experience to get your siding job completed.

Have you ever had a marijuana grow-op in one of your rental properties? Know anyone who has? Share your thoughts with us.