Be Sure to Cover Toxic Chemicals in Your Lease

Ontario Real Estate Source

By Brian Madigan LL.B.

Once a Landlord has included provisions in the Lease to prevent the Tenant from carrying on an illegal grow-house, or even a legal one, for that matter, what other similar risks should be addressed.

Don’t forget about toxic chemicals!

Have a look at this clause that you might include:

Unless otherwise agreed, any Lease of the premises shall be deemed to include the following provision:

The Lessee covenants and agrees with the Lessor as follows:

1)     not to use, permit, allow, suffer, or acquiesce in the property or any part thereof being used for the growth or manufacture of illegal products or substances, by any occupant or any other person,

2)     not to use, permit, allow, suffer or acquiesce in the property or any part thereof being used for the growth or manufacture of any chemical or biological substance, whether legal or not, which may result in the contamination of the premises by mould or any other substance which may harm the premises, by any occupant or any other person,

3)     not to use, permit, allow, suffer or acquiesce in the property or any part thereof being used for the reception or storage of any toxic chemical or biological substance, whether legal or not, which may result in the contamination of the premises in any way whatsoever or any other substance which may harm the premises, by any occupant or any other person.

The first paragraph dealt with, or at least, was intended to deal with the illegal grow house and the second paragraph dealt with a legal “grow-op”.

You certainly don’t want your tenant using paints, storing paints, using cleaning solvents, resins or other toxic or obnoxious substances unless you know about them.

Oddly, such a clause is not generally covered in the standard form Lease agreements, so you will have to include it yourself.

This might be a matter to bring to your lawyer’s attention. A good solicitor who practices in the real estate field in Ontario should be able to draft a suitable clause for your protection. 

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.
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