With cannabis set to be legalized across Canada in October, both tenants and landlords are wondering that could mean for them.

Under the recently passed provincial legislation legalizing cannabis, landlords have the power to change a signed lease to prohibit tenants from smoking marijuana in their home. Those tenants would still be permitted to consume marijuana edibles, however.

An amendment to the Cannabis Act states “a lessor may modify the conditions of a lease… and in the absence of a refusal, the prohibition is deemed entered in the lease.” Official notice must be given to the tenant within 90 days of the federal law coming into effect on Oct. 17. A tenant then has 30 days after receiving the notice to bring their case to the rental board.

“Most landlords make the mistake of saying ‘I’m going to do it at my new modification period,’ where we usually increase the rents,” said Quebec Landlords Association President Martin Messier. “This is not the case.”

The law does have exceptions, namely the use of medicinal marijuana. It also states that smoking cannabis is not permitted in common areas of buildings with two or more units.

A survey conducted by a landlords’ group showed 85 per cent of lessors are worried about how legalization will impact building management and rental consultants expect numerous legal battles in the future.

“It’s going to happen, believe me,” said rental board advisor Ted Wright. “We’re in a whole new area of law that hasn’t been challenged in court.”

Wright recommended tenants contact the rental board with concerns and warned that those who want to smoke should be extremely vigilant.

“One of things about  marijuana is people don’t care,” he said. “I’ve been telling people you have to be careful and they say ‘Oh, whatever.’ I sit there and roll my eyes and say ‘You’re the type of person that might be evicted.’”

Wright said any lease clauses need to explicitly ban marijuana smoking, as other smoking bans won’t cover it. He added that even if marijuana smoking is permitted in the unit, there are other legal loopholes.

“If you’re smoking of marijuana disturbs other tenants in the building and they make a decent case in court, you may suffer consequences,” he said.