Take Steps to Reduce Second-hand Smoke

There are steps that can be taken to reduce second-hand smoke in multi-unit housing. These could include:

Talking to neighbours / building tenants

Talk to tenants who smoke. They might not realize that the smoke is a problem for others. Try to focus on solutions such as asking them to smoke outside or to close doors or windows.
Talk to other tenants in the building. They might have the same problem and a solution can be found
Think about a survey to find out what people in the building think. Most renters in Ontario would prefer a smoke-free

Sealing units to reduce second-hand smoke transfer

Use caulk or spray-in foam around plumbing, electrical outlets, phone jacks, fixtures, cracks and gaps
Close windows and doors
Weather-strip windows and install door sweeps
Cover or block heating/cooling grilles
Fill or patch cracks in walls and ceilings
Insulate air spaces around plumbing pipes

Most apartments built after the mid-1960s have corridor ventilation systems designed to maintain positive pressure by pushing outside air into hallways and under doors, preventing odors from spreading. Older buildings rely on air leakage through cracks for ventilation. Many apartments also have exhaust systems in kitchens and bathrooms, either in-unit or centrally located.

If smoke is entering units:

Check the ventilation system to ensure it is functioning properly—some run on timers that may need adjustment.
Perform a tissue test on kitchen or bathroom fans—if the fan can’t hold a tissue in place, clean, repair, or replace it.
Clean, change, or install filters in the ventilation system.
Restrict air exhaustion from units where smoking is occurring .
Consider unit pressurization with a HEPA-filtered heat recovery ventilation system (requires sealed windows and doors).

While improved ventilation can reduce smoke odor and irritation, no system can eliminate exposure to harmful chemicals in second-hand smoke to a safe level.

Construction

Think about the construction of your building, especially if it is a newer building. You may find a construction issue that can explain why smoke is coming into units. Contact your municipality and the Fire Marshal’s office to view the file on your building. You may be charged a small fee.

If the building is new, checking property documentation, including construction permits, building inspections, and certificate of occupancy. You may find that improper building materials were used, or that your residence does not meet Building Code requirements.
Check to see if there are any outstanding work orders on your building.
Check to see if there is any paperwork related to the building meeting Fire Code requirements or request a fire safety inspection.

Track impact of second-hand smoke

All tenants have the legal right to reasonable enjoyment of their home. If another tenant interferes with this right, the landlord must take reasonable steps to end the interference.

It is important to document the amount of smoke and how often the smoke enters units and how the smoke impacts tenants. Tenants will want to be able to document that the smoke entering their unit makes them unable to use their unit in a normal way or makes parts of their unit uninhabitable. Use a log to track the impact of second-hand smoke and provide written information for the landlord.

Find out how the smoke is entering units. For example, the smoke could be coming from an open window, under a door, from the bathroom or kitchen fan, through an outlet or gaps between units.
Try to find out where the smoke is coming from. For example, the smoke could be coming from a neighbouring balcony or unit or an outside smoking area.
Track how often smoke enters a unit on a daily or weekly basis. Do you smell smoke all the time, or at certain times of the day? List dates and times that you smell smoke.
Try to find out how much smoke is entering units. Ask: is the smell overwhelming, or is there just a whiff of smoke? Does the smoke stay in one area or does it travel to other areas of the home? Does the smoke stay in the unit for a long time or does it go away after a while?
Think about when the problem started. Did the smell start as soon as you moved into your unit? Did you notice the smoke when a new tenant moved in?

Health impacts of smoke on tenants can be documented by:

Writing down symptoms or illnesses caused by smoke, such as asthma attack, headache, burning and watery eyes, sore throat, chronic coughing, bronchitis, ear infections and heart problems.
Thinking about whether the smoke is making a pre-existing health problem worse. Some health problems that can be made worse by smoke include asthma, allergies, heart disease, high blood pressure, fibromyalgia, and cancer.
Write down whether smoke causes anxiety or fear because of the potential or actual health impacts. Babies who are exposed to second-hand smoke have a higher risk of dying from Sudden Infant Death Syndrome (SIDS) and pregnant individuals who are exposed to second-hand smoke may experience effects on the unborn baby such as low birth weight, so this is important to document.
Written notes or journalling the above exposures, symptoms and times can be relied upon in court or at a hearing to demonstrate the level and repetitiveness of second-hand smoke exposures.

Impact on use and enjoyment of unit can be documented by asking:

Are tenants unable to live in parts of your home at times because of the smoke?
Are tenants forced to stay out of certain rooms?
Are tenants unable to open windows or patio/balcony door?
Are tenants unable to use balconies or unit patios?
Are tenants unable to use fans or heating systems?
Are tenants unable to use certain cupboards, drawers or closets?
Have tenants been forced to leave home on certain days or at specific times to avoid the smoke?
Are tenants, friends and family members with health conditions unable to visit because of the smoke?

Collect other evidence

Did the landlord tell you that the unit or building was smoke-free? Smoking should be referenced in Section 10 of the Ontario Standard Lease.
- Was the building or unit advertised as smoke-free or non-smoking?
- Do you have a copy of the advertisement?
Collect written proof from neighbours, friends and family about the amount and frequency of smoke entering your home.
Get a doctor’s letter outlining health impact(s) of exposure to second-hand smoke if it makes you or your family members sick or makes an existing condition or illness worse.
Contact your local public health unit if someone is smoking in the indoor common areas of multi-unit housing to report a violation of the Smoke-Free Ontario Act, 2017. No smoking/no vaping signs must be posted in all indoor common areas.

Moving tenants

Options available to move tenants include:
- Moving smoking tenant to another unit in the building or another building.
- Moving non-smoking tenant to another unit in the building, at no cost.
- Applying to the Landlord and Tenant Board for eviction of tenant if there is enough evidence that second-hand smoke is significantly interfering with reasonable enjoyment of other tenants.
- Allowing tenants to break leases without penalty.

Breaking a lease without penalty

Tenants can terminate their tenancy by giving notice in accordance with Section 44 of the Ontario Residential Tenancies Act, 2006 (RTA), which outlines how much notice must be given to landlords, depending on lease type. Monthly or yearly leases require at least 60 days notice. If tenants cannot stay in their unit for the required notice period, it is possible for landlords to release them from their lease without penalty. Tenants should draft a letter to landlords explaining the situation and describing all the steps taken to try to resolve the problem. The letter should

detail factual information (address, how much you pay in rent, how long you have lived in the unit)
what the problem is and how you have tried to fix it
how your involuntary exposure to second-hand smoke is affecting your health and/or the health of your family
how its presence is breaching your right to reasonable enjoyment
request to be released from your lease without penalty indicating the date you would like to move out, and
request a response from the landlord within a reasonable time

If a request to break your lease without penalty is refused, you can file a Form T2 application (Application about Tenant Rights) citing breach of reasonable enjoyment at the Landlord and Tenant Board. On this form you can request an order for your landlord to terminate the tenancy on a certain date.