We all know that a marihuana grow house can do a lot of damage to a house.
It’s the heat and humidity that can cause mould to grow. The air becomes somewhat toxic and the correct solution to remove all the finished surfaces, drywall and sometimes the wooden support beams and joists.
It is a major cost and a major headache. The best protection is to be vigilant and properly screen your tenants. But, you should at the very least have something in your Lease that says that the Tenant can’t run a grow-op.
Consider the following:
“Unless otherwise agreed, any Lease of the premises shall be deemed to include the following provision:
The Lessee covenants and agrees with the Lessor as follows:
- not to use, permit, allow, suffer, or acquiesce in the property or any part thereof being used for the growth or manufacture of illegal products or substances, by any occupant or any other person.”
Many basic Lease forms do not include such a provision. Now, you can appreciate that if someone is prepared to break the Criminal laws, they are probably not too troubled by a breach of the Lease.
But, rather surprisingly, some are deterred! They suspect that the Landlord might be more inquisitive than most landlords, which is something they don’t need. In that regard, it serves as a deterrent.
This might be a matter to bring to your lawyer’s attention. A good solicitor who practices in the real estate field in Ontario should be able to draft a suitable clause for your protection.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters.