But even if a tenant signs a lease that does not smoke and smokes later, he cannot be evicted simply because he has broken his promise made in the tenancy agreement. They have yet to prove that the smoke damaged the appliance in one way or another, or that it affected the consumption of other tenants, usually because of second-hand smoke that may affect adjacent units. Suppose the landlord lives there and the tenant lives in a basement. If the building has no more than three units, and the owner can prove that smoking directly affects them, the evacuation process may be a little quicker. However, the landlord still has to have the corresponding notification to the tenant`s clock and then ask the landlord and tenant council for an eviction order. An owner may include a “non-smoking” clause in the rental agreement. A tenant could even sign it. But if they smoke later, you can`t drive them away just because they broke their promise. The “non-smoking” clause is null and void. If you have any questions, please contact CP Paralegal Services: In one of these eviction applications, it will always be easier to dislodge the tenant if there is a no-smoking clause in the tenancy agreement that the tenant has agreed to in advance, so I would always recommend that landlords include this clause in a tenancy agreement if they wish.

The clause should contain all types of smoking. Also be sure to ban smoking from any balcony, terrace or common area of the building. Situations in which a landlord and tenant have disagreements are not uncommon. Disputes between landlords and tenants are settled by the landlords` and tenants` council. The Rental Act defines all legitimate grounds for filing an eviction. According to the law, there are three common reasons why a landlord cannot evict a tenant. In one case in 2007, John Davidson rented a furnished apartment for Chris Cebula in Scollard St. in Toronto. The lease contained a no-smoking clause. The landlord was able to demonstrate that smoking the tenant had the effect of absorbing the furniture and wide bundles of smoke that was difficult to remove. The owner was also able to prove that much of the furniture that had fabric had to be replaced, the walls washed and painted, and that the carpet had to be professionally depreciated. The owner was also able to claim the costs of replacing the boxing spring and the queen-size mattress and all the sheets that had been provided.

The board agreed, ordered the tenant`s evacuation and the tenant had to pay the full amount of damages, which amounted to nearly 11,000 $US. Smoke-Free Housing Ontario / The Non-Smokers` Rights Association is currently not known from a Canadian dispute in which a landlord`s non-smoking policy was challenged because of discrimination. Moreover, given the existing jurisprudence on smoking and discrimination, it seems highly unlikely that future challenges will be successful. Residents of non-smoking public buildings can go out at any time to take a cigarette to avoid the potentially disabling effects of a severe nicotine withdrawal. Doesn`t smoking involve marijuana in the rental agreement?? In Ontario, you can include a smoking ban clause in any rental agreement, pursuant to the Residential Tenancies Act. If you want to do this, you should also develop a smoking-free policy and try to ensure that all tenants, including their guests, not only follow the policy, but also contribute to the that no one else smokes on the property. If smokers live in the building before introducing the directive, you cannot prevent them from smoking while they live there.