Shade name in the Smoking Lease Addendum in a few clicks

Aug 6th, 2022
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Generally, unless a rental agreement includes a term stating that smoking is not permitted in the unit or building, the Residential Tenancies Act (RTA) allows a tenant to smoke in their unit as long as the second-hand smoke does not interfere with the landlords or another tenants reasonable enjoyment of the rental
Landlords can require smoke and vape-free environments in rental units. This requirement must be stated in the tenancy agreement. If the tenancy agreement does not include a no-smoking or no-vaping clause, tenants are allowed to smoke or vape in their units and on balconies.
In Ontario, these are the only valid types of evictions: N4 Late payment of rent. N5 Damage, Substantial interference, Impairing safety or Overcrowding. N6 Misrepresentation of Income (if tenant pays Rent Geared to Income) N7 Illegal Act. N8 Persistent late payment.
If the troublesome smoker lives in a planned development or a condominium with covenants, conditions, and restrictions (CCRs) prohibiting smoking, then either you or the homeowners association (most likely following up on your complaint) might be able to take legal action against the smoker.
Is a smoke-free policy legal for rental properties? Yes. It is perfectly legal for landlords to make their buildings smoke-free. Landlords have the right to designate all or part of a building as smoke-free, including individual units, balconies and the entire property.
A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes.
The Smoke-Free Ontario Act The SFOA prohibits the smoking of tobacco and cannabis, as well as vaping, in the following places: Enclosed public places and workplaces, including workplace vehicles. Child care facilities. On and within 20 metres of community recreational facility property.
If smoke is coming from outside through windows or vents, a landlord may ask the tenant not to smoke within a specified distance from the building. A landlord may start eviction proceedings against the tenant causing the second-hand smoke. Sometimes the tenant who smokes may not be evicted.

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