POT FEAR GRIPS LANDLORDS

Suspicions of a cockroach infestation give a landlord the legal right to
enter a rental property.

But the law says a landlord is not allowed in to investigate suspicions of
an illegal marijuana growing operation that's bound to damage, if not
destroy, the residence.

"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 a little trickier 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 behind closed doors -- cables through the
windows to bypass electricity meters or major spikes in power -- don't
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 getting around the difficulty of tracking down evasive tenants by
writing a clause into the rental agreement, allowing predetermined
inspection dates.

This prevented a home in Bragg Creek from being ravaged by the mould and
humidity that can cause up to $80,000 in damage to a property -- which the
owner is left on the hook for.

"Twenty-five years in this business and we've just had our first one," said
Ev Evans, owner of Gil Management Associates Ltd., which manages
residential properties for owners.

"Three months ago, the owner found the tenant and liked him," she said.

Unfortunately, the tenant liked the easy money of marijuana profits.

"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."

Mounties found 383 plants.

It all rests in good tenant screening and regular inspections, said Gerry
Baxter, executive director of the Calgary Apartment Association.

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

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

That compares with $53 million last year, $19 million in 2002 and $9
million in 2001.

Police have received 950 tips on marijuana operations from the public so
far this year, said Staff Sgt. Trevor Daroux, head of the investigative team.

There were 280 charges laid against 115 people. Raids were conducted on
more than 190 Calgary houses.

"The majority of investigations we do, the houses are owned, not rented,"
said Daroux. "The vast majority are owned by numbered companies. A lot of
the owners are fictitious people."

Statistics aside, landlords are nervous for good reason.

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.

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

Bruce is a member of the Stop MGOs (marijuana grow ops) steering committee
headed by Ald. Diane Colley-Urquhart.

Bruce would like to see a bylaw in place that requires anyone growing
plants through hydroponics to get a licence.

"Some people do grow herbs and tomatoes. The risks are the same. The mould,
ventilation or electrical hazards are the same," he said.

Don Dickson, president of the Calgary Real Estate Board, worries that too
much blame is placed on landlords.

"I know the police service seems to think landlords are participants. I
know of a number of landlords that had no idea."