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I am a landlord and my tenant had marijuana in their

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Hello, I am a...

Hello, I am a landlord and my tenant had marijuana in their apartment and the smell started coming up into my home where I live with my husband and 4 month old baby. I went downstairs and asked her if she had it and she told me she had a bag in the apartment. I asked her to get it off my property and to never bring it back into my home. A few days later I wrote up a letter stating the events of that day and stating that this was a warning and if I smelled it again I would have to ask her to leave. She then had her aunt write up a letter saying that we harassed and abused her and that she is leaving at the end of the month ( she signed a one year lease and has only been here a month) and the letter stated that we have to give her back the last month rent that she used as a deposit

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Do I need to give back the deposit?

Lawyer's Assistant: Has anything been filed or reported?

We are in Ontario

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The aunt said that we are no longer able to speak to our. Tenant but rather have to go through her

Submitted: 10 months ago.Category: Canada Law
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Answered in 1 minute by:
9/22/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,013
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

I am sorry to hear this.

You don't have to go through the aunt.

The lease is a fixed term lease and that means you can sue her for breaching the lease. At the same time you have a legal obligation to try and find a new tenant.This tenant will owe you what ever out of pocket expenses you incur.

You did not harass her and she is not entitled to allow smoke to disturb you.

At the same time you cannot tell her what she can have in her home. It's her home.

So, she cannot smoke if the fumes disturb you but she can keep marijuana in her home so long as she doesn't smoke it in the house if it is disturbing your right to peaceful enjoyment of your home.

Does that fully clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 10 months ago
She was not smoking it in the house but the marijuana was so potent that I could smell it through my home. Can I legally show the apartment to prospective tenants or do I need to wait for her to vacate the property? Also, do we need to give back the deposit as she is saying because we harassed her niece she entitled to get the money back
Lawyer: Debra, Lawyer replied 10 months ago

Yes you can show the apartment and in fact you must because you have to try and mitigate your damages.

She does not get anything back unless you find a tenant to move in the day she moves out. As I explained she owes you rent for the full year unless you find another tenant.

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Lawyer: Debra, Lawyer replied 10 months ago

Is there anything more I can help you with at this point in time?

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