Discussions

I was reading an add here on ebrandon to do with renting a unit and part of the stipulations to be able to obtain a lease is submitting a drug test to the landlord and furthermore agreeing to random drugs tests after the lease is signed.  
 
My question is, can a landlord leagally make their tenants submit to random drug tests to maintain their place of residency?  
 
BTW I am not a drug user, I just find it interesting that a landlord is trying to do that. I can understand employers doing it, but I couldn't find anything in the residential landlord tenant act on this subject. Is this legal? My curiosity became peaked after reading that.  
 
I can understand landlords wanting to protect their properties but honestly, not all drug users are bad people who throw parties or damage properties.  
 
 
 
Edited by ~BooBoo~, 2015-07-31 21:06:18

I would hope not, they would be invading your privacy a lttle too much.

They also want their tenants to submit criminal record checks. I can't say I have ever in my life, regardless of what province I have lived in, been forced to have a criminal record check done just to be able to get a place to live. luckily for me I also don't have a criminal record.  
 
Edited by ~BooBoo~, 2015-07-31 21:11:38

This landlord is not an individual you will want in your life. I can tell you that any personality that allows for this scenario to be seriously considered as a renting procedure is not someone who you wish to harmonize with, drug user or not.  
 
Edited by Opportunities Abound, 2015-07-31 21:11:40

I get that it's an invasion of privacy, but if you agree to it then it kind of isn't anymore. If you don't like it just don't apply. I don't do drugs, and as much as it would be an annoyance, I'd probably still apply if I liked the place and it was what I was looking for. The only thing I see is it makes the landlord sound like a prick, and would probably be a very uptight landlord where you always have to feel like your walking on eggshells. Thankfully my landlords have been nothing but awesome, but I've heard of very controlling ones...

Landlord can't make you do anything, however he/she can choose to not select you as a renter if you choose not to submit to a drug test. Seems like a pretty simple way to keep some undesirables out.

I love how everyone is always so quick to grab their torches and pitchforks whenever landlords are brought up.  
Yes, there are some less-than-desirable landlords out there, but the majority of them aren't the scum of the earth that everyone personifies them as.  
 
I used to have a rental property in Brandon and after 6+ years of having it I'll never go back to renting.  
Do you know why some landlords have such strict renting policies like this?  
Because renters are shit more than half the time.  
 
I've had to rebuild suites after 5 different renters, out of 7 or 8 total, in 6 years. 3 of which were on a government assistance program which took absolutely zero responsibility for them, even when one unit was reported in condemnable condition. Even when things got drastically worse they did nothing.  
 
One unit had had holes punched in the walls, interior doors ripped off their frames, the AC unit destroyed, holes kicked in the floor of the shower, the front door kicked in 10+ times, and knife holes in the ceiling, but I wasn't allowed to evict the tenant, because I ws the big bad landlord trying to kick the poor, sad guy out of his home.  
Guess who the tenancy act protects and who it punishes 9 times out of 10?  
 
Maybe if my renting policies were a little more strict, like criminal record checks and drug testing, I wouldn't have had so many visits from the police, scumbag renters skipping town, drugs being sold out of my building, or apartments being destroyed...

TJ1284 said "I love how everyone is always so quick to grab their torches and pitchforks whenever landlords are brought up.   Yes, there are some less-than-desirable landlords out there, but the majority of them aren't the scum of the earth that everyone personifies them as.     I used to have a rental property in Brandon and after 6+ years of having it I'll never go back to renting.   Do you know why some landlords have such strict renting policies like this?   Because renters are shit more than half the time.     I've had to rebuild suites after 5 different renters, out of 7 or 8 total, in 6 years. 3 of which were on a government assistance program which took absolutely zero responsibility for them, even when one unit was reported in condemnable condition. Even when things got drastically worse they did nothing.     One unit had had holes punched in the walls, interior doors ripped off their frames, the AC unit destroyed, holes kicked in the floor of the shower, the front door kicked in 10+ times, and knife holes in the ceiling, but I wasn't allowed to evict the tenant, because I ws the big bad landlord trying to kick the poor, sad guy out of his home.   Guess who the tenancy act protects and who it punishes 9 times out of 10?     Maybe if my renting policies were a little more strict, like criminal record checks and drug testing, I wouldn't have had so many visits from the police, scumbag renters skipping town, drugs being sold out of my building, or apartments being destroyed... "

If you had this type of damage and weren't able to evict the tenant, then you definitely went about it the wrong way.  
 
Also, no government agency that provides financial support for a person to pay their rent will take responsibility for that persons actions. If you paid attention to any paperwork you signed for them, that was made perfectly clear, even though it's a no brainer.  
 
Edited by Classified, 2015-08-01 10:02:13

As I stated previously. I'm not a drug user. I was just wanting to know if this was at all a legal practice that landlords can do.

They can use their own judgement as to whether you may or may not be conducted drug related activity. It's their property but I cannot see them asking for a drug test. I have heard of a couple Jesus freaks who own rentals downtown that are pretty picky, they judge on whether you show up in a shirt that may depict alcohol, drugs or rap music. They will also ask if you drink. All pretty petty ways to segregate but totally allowed. But no I've never heard of a drug test for a rental

Makes me sad to think that this landlord has had to come to that in order to get proper tenants.  
 
Unfortunate very unfortunate.  
 
 

~BooBoo~ said "I was reading an add here on ebrandon to do with renting a unit and part of the stipulations to be able to obtain a lease is submitting a drug test to the landlord and furthermore agreeing to random drugs tests after the lease is signed.     My question is, can a landlord leagally make their tenants submit to random drug tests to maintain their place of residency?     BTW I am not a drug user, I just find it interesting that a landlord is trying to do that. I can understand employers doing it, but I couldn't find anything in the residential landlord tenant act on this subject. Is this legal? My curiosity became peaked after reading that.     I can understand landlords wanting to protect their properties but honestly, not all drug users are bad people who throw parties or damage properties.         Edited by ~BooBoo~, 2015-07-31 21:06:18"

The Landlord / Tenant Rules are kind of vague. Although it doesn't specifically say that they can ask for random drug tests, it also doesn't say that they can't. Same with a criminal record check.  
 
I can see what the landlord is saying by wanting to screen out people who use drugs. It may not necessarily have to do with parties but more or less the fact that they don't want the smell in their house. As a home owner, I don't want anybody smoking in my house period. And if the landlord has children, its their right to make sure that type of thing is not around their children.  
 
Additionally, the tenancy act states that landlord can implement any additional rules that they so choose for tenancy within their home, providing they do not conflict with the act itself.  
 
At the end of the day it comes down to morals vs legals. Legally, they can ask for it. Morally, it depends if they can justify it by keeping their home and property and children from the exposure of that thing, by it drugs or people with a criminal record.  
 
Is there a link to view this add?  
 
Edited by IMO, 2015-08-03 11:32:16

Is this an apartment complex or duplex ?  
Maybe the landlord is trying to protect the other renters?  
This might not be as bad as you think? Criminal record checks and child abuse checks done for tenants that have common areas (laundry etc)  
I don't know if the landlord has the right to ask this but I have friends that are single parents and an apartment complex where everyone has had the same checks done so everyone would know no criminal child a users or drug users would be a huge selling point.

I thought by now everyone would instantly realize that it's nothing, but a scare tactic. Only Garret caught on that this "requirement" was only a filter to strain out the ones that have something to hide. I've thought of doing this very thing once, but opted out, only on the fact... There are always those who will respond to the add, only to "tell you off" on that what you are doing is an injustice to peoples rights. The drug testing is only a ruse, but some will end up flipping out on that it's a lie used to "weed people out" (*pun intended*). It's a brilliant way to reduce applicants to just the better ones, but I just knew that something like this kind of topic would end up on eBrandon. All the sourpusses would end up taking things too seriously. It's like internet monitoring... all those who fear they would be judge by outsiders are often the loudest to scream out the invasion of privacy rights. Hey, if someone wants to view what I view on eBrandon, go right ahead ...it's often too boring by most people's standards.  
 
So, if someone wants to tell me I may need to pee in a bottle to score a good apartment... I'll be saying >:>:>: bring a pickle jar, because once I start ...I can't stop. And if I'm just coming down from a trip from the result of an evening with hard drugs and pot ...I'll just stay out of the sun, under the eighth street bridge and not worry about where to live.  
 
Just my opinion, I could be wrong.  
 
Edited by snowman5, 2015-08-03 11:54:25

Nordberg said "    IMO said "    ~BooBoo~ said "I was reading an add here on ebrandon to do with renting a unit and part of the stipulations to be able to obtain a lease is submitting a drug test to the landlord and furthermore agreeing to random drugs tests after the lease is signed.     My question is, can a landlord leagally make their tenants submit to random drug tests to maintain their place of residency?     BTW I am not a drug user, I just find it interesting that a landlord is trying to do that. I can understand employers doing it, but I couldn't find anything in the residential landlord tenant act on this subject. Is this legal? My curiosity became peaked after reading that.     I can understand landlords wanting to protect their properties but honestly, not all drug users are bad people who throw parties or damage properties.         Edited by ~BooBoo~, 2015-07-31 21:06:18" The Landlord / Tenant Rules are kind of vague. Although it doesn't specifically say that they can ask for random drug tests, it also doesn't say that they can't. Same with a criminal record check.     I can see what the landlord is saying by wanting to screen out people who use drugs. It may not necessarily have to do with parties but more or less the fact that they don't want the smell in their house. As a home owner, I don't want anybody smoking in my house period. And if the landlord has children, its their right to make sure that type of thing is not around their children.     Additionally, the tenancy act states that landlord can implement any additional rules that they so choose for tenancy within their home, providing they do not conflict with the act itself.     At the end of the day it comes down to morals vs legals. Legally, they can ask for it. Morally, it depends if they can justify it by keeping their home and property and children from the exposure of that thing, by it drugs or people with a criminal record.     Is there a link to view this add?     Edited by IMO, 2015-08-03 11:32:16" I will preface this with the statement that I'm not a lawyer, so I could definitely be wrong.     Just because the residential tenancies act doesn't say anything doesn't mean that it would be legal. My guess is that other legislation about discrimination, federal and provincial, would apply here. Often addiction is considered a health issue, and in many areas discriminating on the basis of a health issue would be illegal.     Privacy laws would also come i to play, as well as guarantees against unreasonable search, section 8 of the Charter.     8. Everyone has the right to be secure against unreasonable search or seizure.     My guess would be that if this isn't illegal, it is really pushing the line between legal and illegal.     Edited by Nordberg, 2015-08-03 11:45:47"

I am not a lawyer nor am I a police officer. You make a lot of good points in your statement. However, I do not believe discrimination can apply to illegal activity.  
 
Section 8 of the charter is part of the legal section, and states:  
"Everyone has the right to be secure against unreasonable search or seizure "(Quote)  
 
Although it doesn't specify, I believe it pertains to after arrest or during arrest / detention.  
 
Not saying that the landlord is right or wrong in the situation, but at the end of the day, if it goes before the tenancy board, I believe (In my opinion) that the tenancy board would side with the landlord saying the landlord is within their right (legally) to protect their home, property, family and possession from anybody whom they feel would pose a threat for any reason and may do so, by any means necessary (within reason) and that asking for a clean criminal record and clean drug test falls within the boundaries of reason. Much like a landlord may ask for references and a credit check. Although the issue at hand is not references or a credit check, it is still a check the landlord may have done, at their discretion.  
 
Prior to allowing admittance as a tenant, the landlord may actually check the Court of the Queens Bench Wedsite (the url is http://www.jus.gov.mb.ca/) and investigate the person on their own accord for certain factors which may limit said person from becoming an tenant in the afore mentioned home.  
 
However, all of that being said, the tenancy act does say that any activity which may bring harm to the home, can result in the person being evicted on a 72 hour notice (I think) and I believe criminal activity can be on a 24 hour notice. The legislation would need to be checked to verify  
 
But again, not a cop and not a lawyer.  
 
Edited by IMO, 2015-08-03 12:26:16

Nothing unreasonable about the landlord asking for a drug test "PRIOR" to agreeing to rent with you or as part of a lease agreement. Which is what this post is about, not a landlord asking a current tenant to pass a drug test  
 
If you were already renting and you had a lease agreement drawn up that didn't mention it, you should be able to tell him/her to go pound sand

For a new applicants it is a requirement if you want to rent if you don't like that requirement feel free to seek shelter elsewhere. Seems perfectly reasonable to me.  
 

By your reasoning then it would be illegal for businesses to request a pre employment drug test.  
 
If a business can do it, why not a property owner as part of a pre rental agreement?

I 100 percent agree, Except in the fact of as a pre employment requirement.  
 
Which is again the question was can a landlord ask you to pass a drug test before signing a lease.  
 
I 100 percent agree a tenant with a current lease could not be asked about a drug test, however a potential new tenant could 100 percent be asked to provide a drug test because it is optional as in if they don't want to do it they don't have to continue with the application process

www.nowcanada.ca/files/NOW-Canada-Application-For-Affordable-Housing-2015(1).pdf  
 
This service adds the drug testing and screening in the agreement.

How about I just call the tenancy board tomorrow and get an answer from them as to if can be done or not?

Classified said "    TJ1284 said "I love how everyone is always so quick to grab their torches and pitchforks whenever landlords are brought up.   Yes, there are some less-than-desirable landlords out there, but the majority of them aren't the scum of the earth that everyone personifies them as.     I used to have a rental property in Brandon and after 6+ years of having it I'll never go back to renting.   Do you know why some landlords have such strict renting policies like this?   Because renters are shit more than half the time.     I've had to rebuild suites after 5 different renters, out of 7 or 8 total, in 6 years. 3 of which were on a government assistance program which took absolutely zero responsibility for them, even when one unit was reported in condemnable condition. Even when things got drastically worse they did nothing.     One unit had had holes punched in the walls, interior doors ripped off their frames, the AC unit destroyed, holes kicked in the floor of the shower, the front door kicked in 10+ times, and knife holes in the ceiling, but I wasn't allowed to evict the tenant, because I ws the big bad landlord trying to kick the poor, sad guy out of his home.   Guess who the tenancy act protects and who it punishes 9 times out of 10?     Maybe if my renting policies were a little more strict, like criminal record checks and drug testing, I wouldn't have had so many visits from the police, scumbag renters skipping town, drugs being sold out of my building, or apartments being destroyed... " If you had this type of damage and weren't able to evict the tenant, then you definitely went about it the wrong way.     Also, no government agency that provides financial support for a person to pay their rent will take responsibility for that persons actions. If you paid attention to any paperwork you signed for them, that was made perfectly clear, even though it's a no brainer.     Edited by Classified, 2015-08-01 10:02:13"

this landlord went about it the wrong way.  
 
you set up the rules before tenants move in, if they sign the contract, they've agreed to the rules. playing dumb later will get the tenants nowhere.  
 
there are several forms available for free at residential tenancies. pick up one of each and make copies, to have on hand. if a tenant breaks a rule, fill out the proper form and have them sign it. if any issues come up after that, you have everything well documented and acknowledged by the tenant.  
 
as far as tenants who think that they can make their own rules, while renting from someone else....you can, as soon as you own your own place. until then, you are living at someone else's place, under someone else's rules.

Could I have the ad where this is ? There's no way that drug and criminal checks are legal. If that's the case then we should ask for the same from the landlord's. Just sayin'

He must have found a tenant but here is the add I was talking about.  
 
http://www.ebrandon.ca/ItemView.aspx?item_id=1403083  
 
Edited by ~BooBoo~, 2015-08-05 18:32:39

Also appears his add was slightly changed from the first time I read it....  
 
Now it just reads as -"Must agree to drug testing"  
 
before that statement was a little more detailed so who knows

a landlord can ask for a drug test but a prospective tenant does not need to submit to one, however the landlord would not likely choose to rent to those who would not submit to a test

Nordberg said "    slurpeegirl said "    Classified said "    TJ1284 said "I love how everyone is always so quick to grab their torches and pitchforks whenever landlords are brought up.   Yes, there are some less-than-desirable landlords out there, but the majority of them aren't the scum of the earth that everyone personifies them as.     I used to have a rental property in Brandon and after 6+ years of having it I'll never go back to renting.   Do you know why some landlords have such strict renting policies like this?   Because renters are shit more than half the time.     I've had to rebuild suites after 5 different renters, out of 7 or 8 total, in 6 years. 3 of which were on a government assistance program which took absolutely zero responsibility for them, even when one unit was reported in condemnable condition. Even when things got drastically worse they did nothing.     One unit had had holes punched in the walls, interior doors ripped off their frames, the AC unit destroyed, holes kicked in the floor of the shower, the front door kicked in 10+ times, and knife holes in the ceiling, but I wasn't allowed to evict the tenant, because I ws the big bad landlord trying to kick the poor, sad guy out of his home.   Guess who the tenancy act protects and who it punishes 9 times out of 10?     Maybe if my renting policies were a little more strict, like criminal record checks and drug testing, I wouldn't have had so many visits from the police, scumbag renters skipping town, drugs being sold out of my building, or apartments being destroyed... " If you had this type of damage and weren't able to evict the tenant, then you definitely went about it the wrong way.     Also, no government agency that provides financial support for a person to pay their rent will take responsibility for that persons actions. If you paid attention to any paperwork you signed for them, that was made perfectly clear, even though it's a no brainer.     Edited by Classified, 2015-08-01 10:02:13" this landlord went about it the wrong way.     you set up the rules before tenants move in, if they sign the contract, they've agreed to the rules. playing dumb later will get the tenants nowhere.     there are several forms available for free at residential tenancies. pick up one of each and make copies, to have on hand. if a tenant breaks a rule, fill out the proper form and have them sign it. if any issues come up after that, you have everything well documented and acknowledged by the tenant.     as far as tenants who think that they can make their own rules, while renting from someone else....you can, as soon as you own your own place. until then, you are living at someone else's place, under someone else's rules. " That's not how the law works. Landlords have to follow rules too. If you don't want to follow the legislation, don't be a landlord. "

are you sure that the residential tenancies branch is handing out paperwork that is not yet legislated by manitoba residential tenancies act?  
 
i find that hard to believe.....

I have had issues in the past with many less than favorable people as roommates. They range from people who were accused of using drugs to a woman who lied about the parentage of her child. At the end of the day, on the proper lease, the landlord has the right, to evict a tenant, on a 30 days notice without really any reason. The post on here stated it best:  
 
"A landlord can request one but the tenancy doesn't have to provide one".  
 
This makes the choice of who to have as a tenant an easy one for the landlord. Additionally, a landlord may evict on less than 30 days notice if the tenant does something illegal (like drugs) or jeopardizes the home and property of the landlord. I wish I had had the foresight to ask for things like a drug test and a criminal record check when filtering my roommates when I had them. I may have been able to weed out the crazies.  
 
(This post has been strictly reviewed by the writer, and it conforms with the ebrandon terms of service. Its states facts relevant to the topic at hand, mentions no names and does not slander other individuals. Questions, comments, queries, concerns or editing suggestions should be made to the writer. Have a good day)  
 
 
 
Edited by IMO, 2015-08-05 23:07:36

slurpeegirl said "    Nordberg said "    slurpeegirl said "    Classified said "    TJ1284 said "I love how everyone is always so quick to grab their torches and pitchforks whenever landlords are brought up.   Yes, there are some less-than-desirable landlords out there, but the majority of them aren't the scum of the earth that everyone personifies them as.     I used to have a rental property in Brandon and after 6+ years of having it I'll never go back to renting.   Do you know why some landlords have such strict renting policies like this?   Because renters are shit more than half the time.     I've had to rebuild suites after 5 different renters, out of 7 or 8 total, in 6 years. 3 of which were on a government assistance program which took absolutely zero responsibility for them, even when one unit was reported in condemnable condition. Even when things got drastically worse they did nothing.     One unit had had holes punched in the walls, interior doors ripped off their frames, the AC unit destroyed, holes kicked in the floor of the shower, the front door kicked in 10+ times, and knife holes in the ceiling, but I wasn't allowed to evict the tenant, because I ws the big bad landlord trying to kick the poor, sad guy out of his home.   Guess who the tenancy act protects and who it punishes 9 times out of 10?     Maybe if my renting policies were a little more strict, like criminal record checks and drug testing, I wouldn't have had so many visits from the police, scumbag renters skipping town, drugs being sold out of my building, or apartments being destroyed... " If you had this type of damage and weren't able to evict the tenant, then you definitely went about it the wrong way.     Also, no government agency that provides financial support for a person to pay their rent will take responsibility for that persons actions. If you paid attention to any paperwork you signed for them, that was made perfectly clear, even though it's a no brainer.     Edited by Classified, 2015-08-01 10:02:13" this landlord went about it the wrong way.     you set up the rules before tenants move in, if they sign the contract, they've agreed to the rules. playing dumb later will get the tenants nowhere.     there are several forms available for free at residential tenancies. pick up one of each and make copies, to have on hand. if a tenant breaks a rule, fill out the proper form and have them sign it. if any issues come up after that, you have everything well documented and acknowledged by the tenant.     as far as tenants who think that they can make their own rules, while renting from someone else....you can, as soon as you own your own place. until then, you are living at someone else's place, under someone else's rules. " That's not how the law works. Landlords have to follow rules too. If you don't want to follow the legislation, don't be a landlord. " are you sure that the residential tenancies branch is handing out paperwork that is not yet legislated by manitoba residential tenancies act?     i find that hard to believe..... "

not sure which paperwork you mean?

I am not sure if landlords can ask for drug tests however, the Residential  
Tenancies Branch located on the main floor of Provincial Bldg (340-9th St.)in Brandon can give you an answer as they enforce legislation related to tenants and landlords rights and responsibilities.