Cannabis Growing in Nova Scotia Rental Properties: Legal Considerations

Cannabis and Nova Scotia Rental Properties

Since the legalization of cannabis in Canada in October 2018, landlords and tenants in Nova Scotia have navigated new questions about cannabis use and cultivation in rental properties. While adults can legally possess and consume cannabis, the rules around growing cannabis plants in a rental unit involve a complex intersection of federal law, provincial regulations, the Residential Tenancies Act, and individual lease terms.

This guide covers what landlords and tenants need to know about cannabis growing in Nova Scotia rental properties.

The Legal Landscape

Federal Law (Cannabis Act)

The federal Cannabis Act permits adults (19+ in Nova Scotia) to grow up to four cannabis plants per household for personal use. This is a household limit, not a per-person limit: regardless of how many adults live in a dwelling, the maximum is four plants.

Nova Scotia Provincial Regulations

Nova Scotia's Cannabis Control Act sets additional provincial rules:

• The minimum age for cannabis possession and use is 19 years.
• Growing cannabis is permitted subject to the federal four-plant limit.
• Cannabis must be grown in a private dwelling and not be visible from a public place.
• Landlords may restrict cannabis growing through lease terms.

The Residential Tenancies Act

The RTA does not specifically address cannabis growing, but several of its provisions are relevant:

• Lease terms: Landlords can include lease clauses that restrict or prohibit cannabis cultivation.
• Property damage: Tenants are responsible for any damage caused by cannabis growing (moisture, mould, structural damage).
• Tenant responsibilities: Tenants must maintain the unit in good condition, which includes preventing conditions that could result from indoor growing.

Can a Landlord Prohibit Cannabis Growing?

Yes. In Nova Scotia, landlords can prohibit cannabis growing in rental units through the lease agreement. This is one area where the lease can impose restrictions beyond what federal law permits in private dwellings.

A well-drafted no-growing clause might state:

"The tenant shall not grow, cultivate, or propagate cannabis or any other controlled substance in or on the rental premises, including balconies, patios, and any storage areas."

This clause should be included in the Standard Form of Lease as an additional term.

Enforcement

If a tenant violates a no-growing clause:

1. The landlord should issue a written warning referencing the lease provision.
2. If the tenant does not comply, the landlord can file a breach of lease application with the Residential Tenancies Board.
3. In persistent cases, the breach may constitute grounds for eviction.

If the Lease Does Not Address Cannabis Growing

If the lease is silent on cannabis growing, the situation is less clear:

• The tenant may argue that federal law permits growing up to four plants in a private dwelling.
• The landlord may argue that growing poses risks to the property and should be prohibited.
• The resolution may depend on the specific circumstances and any damage or issues caused by the growing.

This is why it is essential for landlords to address cannabis growing explicitly in every lease.

Risks of Indoor Cannabis Growing in Rental Properties

Indoor cannabis cultivation presents several risks that concern landlords:

Moisture and Humidity

Cannabis plants require significant humidity, which can lead to:

• Condensation on windows and walls
• Mould growth on surfaces, behind walls, and in insulation
• Damage to drywall, flooring, and structural components
• Health risks for current and future occupants

Moisture-related damage can be extensive and expensive to remediate. See our guide on dealing with property damage.

Electrical Issues

Indoor growing operations often use:

• High-intensity grow lights
• Fans and ventilation systems
• Timers and controllers

These can overload electrical circuits, particularly in older buildings with limited capacity. Overloaded circuits are a fire safety hazard.

Odour

Cannabis has a strong, distinctive odour during flowering that can:

• Permeate walls, carpets, and soft surfaces
• Disturb other tenants in multi-unit buildings
• Lead to noise and nuisance complaints (the RTA's quiet enjoyment provisions can encompass persistent odours)

Structural Modifications

Some growing setups involve modifications such as:

• Additional ventilation holes in walls
• Hanging heavy lights from ceilings
• Running additional electrical wiring

Unauthorized modifications violate most lease agreements and can constitute property damage.

Security Concerns

Even a small legal grow can attract unwanted attention, potentially leading to break-ins. This is a safety concern for the grower and neighbouring tenants.

Cannabis Smoking and Vaping in Rentals

Separate from growing, cannabis smoking and vaping in rental units is another common concern:

• Landlords can include no-smoking clauses in leases that cover cannabis smoke.
• Cannabis smoke can travel between units in multi-unit buildings, affecting other tenants.
• Smoke damage (staining of walls and ceilings, lingering odour) can be charged to the tenant as damage beyond normal wear.
• Edibles and other non-smoking consumption methods are generally not problematic from a property perspective.

Tenant Perspective

If you are a tenant who wants to grow cannabis in your rental:

Before You Start

1. Check your lease: Look for clauses about cannabis, growing, or modifications to the unit.
2. Ask your landlord: Even if the lease is silent, discussing your plans in advance is wise.
3. Assess the risks: Consider whether your unit can safely handle the moisture, electrical, and ventilation requirements.
4. Start small: One or two plants on a windowsill is very different from a full indoor grow setup with lights and fans.

If Growing Is Permitted

• Stay within the legal limit of four plants per household.
• Prevent moisture and humidity damage by using proper ventilation and monitoring conditions.
• Do not overload electrical circuits.
• Manage odour, especially in multi-unit buildings.
• Do not make unauthorized modifications to the unit.
• Be transparent with your landlord if any issues arise.

If Growing Is Prohibited

Respect the lease terms. Violating a no-growing clause can lead to breach of lease proceedings and potentially eviction.

Landlord Best Practices

Include a Clear Lease Clause

The most effective approach is to address cannabis growing in every lease agreement. Whether you permit, restrict, or prohibit growing, put it in writing.

Regular Inspections

Conduct periodic inspections (with 24 hours' notice) to check for moisture issues, unauthorized modifications, and other concerns.

Address Issues Promptly

If you discover unauthorized growing:

1. Document the situation with photos.
2. Issue a written notice referencing the lease clause.
3. Assess any damage and document it.
4. Pursue remedies through the Residential Tenancies Board if necessary.

Insurance Review

Check your landlord insurance policy for provisions related to cannabis growing. Some insurers may have restrictions or exclusions for properties where cannabis is cultivated.

The Pet Policy Parallel

The cannabis growing question in Nova Scotia is similar to pet policies in that while something may be legal in general, landlords retain the right to restrict it through the lease agreement. Clear communication and well-drafted lease terms prevent most disputes.

How Nova Solutions Handles Cannabis Policies

At Nova Solutions Property Management, we advise property owners on cannabis policies and include clear, enforceable terms in every lease we manage. Our approach prioritizes property protection while respecting tenants' legal rights.

We manage properties across Halifax, Yarmouth, and throughout Nova Scotia. Contact us to discuss cannabis policy for your rental property, review our services and pricing, or browse our available rentals.