Your enforcement plan will likely depend on your tenant(s) and their behaviour, whether or not there is damage to the unit, and whether or not you live in the building too. If there is evidence of smoking in violation of a no-smoking policy, you can follow these steps:
Update Lease Agreements
- Begin by adding details of the no-smoking policy into section 10 of the standard lease and application form for new and renewing tenants
Clearly Communicate the Policy to New Tenants
- Clearly explain that while the policy applies to all tenants, existing tenants may still be permitted to smoke unless they agree to sign the smoke-free addendum.
Notify Current Tenants and Staff
- While you cannot ban smoking in existing tenancies, you can offer all existing tenant the opportunity to sign a no-smoking addendum to their current tenancy agreement.
Post Signage and Promote the Policy
- Place signs throughout the property, in lobbies, common areas, elevators, entrances, and outdoor spaces to reinforce the policy.
Gather Tenant Feedback and Make Improvements
- Once your policy has been in place for 6 months to a year, send a survey to get feedback on what your tenants think. This will help identify concerns and fine-tune your policy for better compliance and acceptance.
Provide Tenants with Designated Outdoor Smoking Areas
- The summer is a great time to introduce outdoor designated smoking areas. Consider providing a designated outdoor smoking area for tenants, clearly marked and equipped with proper signs, to promote a cleaner living environment, and reduce indoor second-hand smoke exposure.
Provide Support for Tenants Who Want to Quit Smoking
- Providing tools and resources for tenants wishing to quit smoking. Contact your local public health unit for support and cessation materials.
By clearly communicating expectations, documenting violations, and taking appropriate action, you can effectively enforce a smoke-free policy while maintaining a positive tenant relationship.
In Ontario, a smoking violation of a no-smoking policy is not considered a material breach of the lease. You could enforce your policy for one of the following reasons:
- Damage: The tenant, the tenant’s guest or another occupant of the rental unit willfully or negligently damaged the rental unit or the residential complex as per section 62(1) of the Act (Form N5).
- Damage: The tenant, the tenant’s guest or another occupant of the rental unit willfully damaged the rental unit or the residential complex as per section 63(1a) of the Act (Form N7).
- Reasonable enjoyment: The tenant, the tenant’s guest or another occupant of the rental unit substantially interfered with the reasonable enjoyment of the residential complex by the landlord or another tenant, or substantially interfered with another lawful right, privilege or interest of the landlord or another tenant as per section 64(1) of the Act (Form N5).
- Reasonable enjoyment of landlord in a small building (landlord must reside in a building containing not more than three residential units): The tenant, the tenant’s guest or another occupant of the rental unit substantially interfered with the reasonable enjoyment of the building by the landlord, or substantially interfered with another lawful right, privilege or interest of the landlord as per section 65(1) of the Act (Form N7).
In past cases at the Landlord and Tenant Board, adjudicators have accepted evidence of logbooks detailing the dates and times that second-hand smoke came from another unit and testimony from third parties confirming the smell of second-hand smoke and its impact on health and well-being.
A tenant whose smoking substantially interferes in the reasonable enjoyment by another tenant may expose the landlord to liability. The landlord could consider several options including moving tenants or breaking leases, and as a last resort apply to the LTB to proceed with an eviction to mitigate liability (section 64(1) of the Residential Tenancies Act, 2006).
