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Grow ops no green light for landlords
By: Canadian Press, Edmonton Sun (CN AB), 12-28-04

CALGARY -- Landlords who suspect their tenants are growing marijuana must be careful how they investigate, say provincial officials. "You need to clearly identify a grow op. You can't assume. You need to clearly know it has happened," said Terry Cunha, public affairs spokesman with Alberta Government Services.

Amendments to the Residential Tenancies Act that came into effect last month make it more difficult for landlords to enter their properties. Sliding a notice under the door is no longer enough.

"A landlord is allowed entry only if the tenant is given 24-hours' notice in writing," said Cunha.

"The landlord must provide the notice personally, by registered mail or by certified mail, by handing it to someone who may live with the tenant, by posting it in a conspicuous part of the premise, or by e-mailing it."

Even then, entry is only allowed for restricted reasons - repairs, inspecting the state of previous repairs, pest control or to show the property if the tenant has given notice to move.

Strong hints of drug activity - such as cables through the windows to bypass electricity meters or major spikes in power - aren't enough to allow a landlord in.

"A grow op is a criminal act, you need to get police involved," said Cunha.

In an effort to nip marijuana-growing activity in the bud, some landlords are writing a clause into rental agreements that allows for predetermined inspection dates.

This practice prevented a home in Bragg Creek from being ravaged by the mould and humidity that a grow operation can leave behind.

Mounties recently found 383 plants in a rental property managed by Gil Management Associates Ltd.

"Twenty-five years in this business and we've just had our first one," said owner Ev Evans.

"We do an inspection on every third month whether the tenant is home or not. We stumbled upon baby plants and lights," she said. "It was regular inspection time. We called the RCMP and they came."

Gerry Baxter, executive director of the Calgary Apartment Association, said good tenant screening and regular inspections are essential for landlords hoping to avoid inadvertently housing a grow op.

"We always encourage landlords, in order to minimize damage to rentals properties, to conduct regular inspections," said Baxter.

In Alberta, insurance doesn't cover the cost of grow op damages. Owners can recover damage costs only by pursuing renters through the courts.

Still, they are better off than landlords in B.C., where legislation holds the landlord responsible for investigation and cleanup costs.

This year, the Southern Alberta Marijuana Investigative Team seized $93-million worth of marijuana in Calgary.

Staff Sgt. Trevor Daroux said raids were conducted on more than 190 homes.

The city demolished three or four houses that were damaged beyond repair by grow ops this year, said Bill Bruce, Calgary's chief bylaw officer.