Assemble Smoking Lease Addendum

Aug 6th, 2022
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How to Assemble Smoking Lease Addendum

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In today's tutorial, the focus is on non-smoking policies and lease addendums. A manager expressed confusion about needing HUD's approval for her non-smoking policy, which was removed from resident files. The tutorial clarifies that HUD does not approve smoke-free policies but emphasizes the importance of not violating residents' civil rights. The manager's misunderstanding stemmed from viewing the smoke-free policy as an addendum. The session aims to educate viewers on the distinction between HUD’s role and the creation of non-smoking policies, stressing that these strategies are at the discretion of property owners and managers, not subject to HUD approval.

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Landlords in Ontario have the right to ban smoking in all or part of a building, including indoor units and outdoor patios and balconies. While they cannot change current tenancy agreements, landlords can include a non-smoking clause in new agreements.
In Ontario, if you are 19 years of age or older, and your lease or rental agreement does not prohibit smoking, you are allowed to smoke or vape in your private residence.
Every proprietor of a public building must: prohibit smoking in an area within a nine-metre radius surrounding any entrance or exit. prohibit ashtrays and like paraphernalia in the prohibited areas. post no smoking signs. , as described in the bylaw, at all entrances and exits.
Is a no-smoking policy legal for rental properties? Landlords have the right to include a no-smoking clause in all new and renewing tenancy agreements to ban smoking in individual units, outdoor balconies and patios or any area of the residential property.
The Act is amended to provide that no person shall sell or supply a tobacco product, vapour product or prescribed product or substance to a person who is less than 21 years old.
It is a material term of this tenancy agreement that smoking of any combustible material in the rental unit or on the residential property is prohibited. This is a simple process that requires no approvals from any government agency.
You cannot smoke or vape in an enclosed public place. An enclosed public place means any part of a building, structure or vehicle that is covered by a roof and where the public is invited or has access. It doesnt matter if there is a fee to get in or not.
You can advertise for a non-smoking tenant and you can include a clause in the tenancy agreement that states that the tenant must not smoke and must not permit any guests to smoke tobacco or any other substance in the property without your written consent. If your tenant asks for your consent, you can say no.
Landlords in Ontario have the right to ban smoking in all or part of a building, including indoor units and outdoor patios and balconies. While they cannot change current tenancy agreements, landlords can include a non-smoking clause in new agreements.
A landlord may start eviction proceedings against the tenant causing the second-hand smoke. Sometimes the tenant who smokes may not be evicted. Instead, they may be ordered to stop smoking where they had been smoking before.

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