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How to Protect Smoking Lease Addendum

4.9 out of 5

11 votes

In today's Tuesday tip, the discussion focuses on non-smoking policies and lease addendums. A manager expressed confusion after removing a non-smoking policy from resident files, hoping to get approval from HUD due to funding issues. The presenter clarifies that HUD does not approve smoke-free policies, as their role is to ensure that owners and agents do not violate civil rights. Further investigation revealed that the smoke-free policy in question was actually an addendum, which clarified the misunderstanding. Overall, the takeaway emphasizes the importance of understanding the distinction between HUD's role and the implementation of non-smoking policies in leases.

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Can a landlord stop tenants smoking?

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.

Can I be evicted for smoking in my apartment in Ontario?

A person that smokes cannot be refused tenancy or evicted because of being a person that smokes. A no-smoking policy generally means that tenants must smoke outside of the building or off the property; this depends on the details of the buildings policy.

Can a landlord refuse to rent to a smoker Ontario?

If a rental agreement does not prohibit smoking, the landlord is not allowed to impose a no smoking policy inside rental units. Similarly, if a rental agreement prohibits smoking tobacco, but not cannabis, then the landlord cannot later impose a ban on smoking cannabis.

Can a tenant be evicted for smoking in Ontario?

However, even if a lease may allow some forms of smoking, a tenant may still face eviction if their smoking interferes with another tenants reasonable enjoyment in the building or causes damage to the rental unit and complex.

Can a landlord refuse smoking Ontario?

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.

Can you evict a tenant for smoking in Alberta?

If your smoke-free policy is not written into your tenancy agreement, there would still be grounds for eviction if a tenants smoking constitutes a substantial bdocHub to one of the following tenant obligations: not to interfere docHubly with the rights of the landlord or other tenants.

What is the smoking bylaw in Ontario?

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.

Can a landlord stop you from smoking outside BC?

Landlords are responsible to take reasonable steps to prevent people from smoking/vaping within the six metre buffer zone on their property. The legislation does not apply to the private rental units or balconies, but does apply to areas that are common to all tenants, workers and guests of the building.

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Protect Smoking Lease Addendum