In Ontario, you are not prohibited at law from smoking in your rental unit. However, many residential lease agreements stipulate that you are not permitted to do so. This contractual prohibition on smoking in a tenancy agreement is permitted and enforceable. Essentially, if you sign a lease agreement which says you can’t smoke in the unit, or anywhere in the building, you are held to this agreement.
As such, if a no-smoking clause exists in a rental agreement, and if a tenant or their guest smokes in the unit, the landlord can seek an eviction on this basis at the Landlord and Tenant Board (LTB).
Obtaining an eviction on the basis of smoking is difficult, as it is a heavily evidence reliant type of dispute. A landlord needs to be able to make a very clear connection between the smoking smell or residue and the tenant they are accusing of this activity. Collecting consistently good quality evidence is necessary for any chance at success with the LTB.
Do you have a tenant who has been smoking on the property and preventing you and/or your other tenants’ reasonable enjoyment of the unit? Our team of Paralegals at Hummingbird Lawyers have experience in helping you navigate this issue, so feel free to reach out for a consultation today.
