Pee-yew! Responsibility for eradicating home’s skunky smell depends on the cause

Q: Last year we rented our single-family home downtown to a young family through a property management company. Recently we were advised by the property manager that there is a very strong, pungent skunk odour permeating throughout the house. The property manager suggested that a professional company be retained to remediate the odour at a very significant cost. We would prefer not to take this costly action, considering that the odour will eventually dissipate. Are we required to take action on this matter? A: The answer depends on the cause of the skunky smell. If a skunk got into the house but has been chased out, then you are probably correct that the odour will disappear over time. The tenants can speed that process up by airing the house or by using a commercial deodorizer that soaks up odours. If the skunky smell got into the house because the tenants’ dog had a run-in with a skunk and brought the smell into the house, then it is even more clear that it is the duty of the tenants to rid the house of the smell. The classic remedy is to bath the dog in tomato juice and to air the house. The tenants should do both. If the skunky smell is in the house because a rat or other animal got into the house through a crack, and died there, then as the landlord you have an obligation to seal the crack and to supply fans to ventilate the house and/or the deodorizer. If the skunky smell is in the house because of back flow from the sewer, then as the landlord you have an obligation to solve that problem and to pay to eliminate the odour, or reduce it so that it is hardly noticeable. If the skunky smell is in the house because the tenants are growing cannabis, then there are more questions. Are the tenants growing up to four plants, which is generally legal in Ontario? Or are they growing more than four plants (with a medical license to do so)? Both of those actions are legal, but it is the tenant’s obligation to clear the odour and to avoid damaging the home, both physically and by avoiding causing permanent odours. Or are they growing more than four plants (without a medical license to do so)? That is illegal everywhere in Canada. You can seek to terminate the tenancy for an illegal act, or give a notice for substantial interference and damage, namely creating the odour. If you go the latter route, then the tenant has seven days to eliminate the odour at their expense. Assuming the tenant does eliminate the odour, then the only issue left is the illegal growing. Just as the police were not particularly concerned about the growing of a few cannabis plants when any growing was illegal, it may well be that the police will not be overly concerned if a tenant (or a homeowner) is growing five or six plants.

ONTARIO RENT GUIDELINE FOR 2019

The guideline for residential rent increases taking effect in Ontario between Jan. 1, 2019 and Dec. 31, 2019 is 1.8%. That is the same as the guideline for 2018. Ninety days written notice using the approved form is required.