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How to Share Smoking Addendum

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In today's Tuesday Tip, we discuss non-smoking policies and lease addendums. A manager expressed confusion about needing HUD approval for their no smoking policy, as they had removed it from resident files due to an unrelated funding issue. Initially puzzled, further investigation revealed that HUD does not approve smoke-free policies; rather, they advise owners and agents to respect tenants' civil rights. The misunderstanding stemmed from the smoke-free policy being categorized as an addendum. This highlights the importance of understanding regulatory processes and ensuring clarity in communication regarding non-smoking policies.

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How do you write a lease without smoking?

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.

Can a landlord refuse to rent to a smoker Ontario?

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.

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 you evict a tenant for smoking in Ontario?

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.

What is the smoking bylaw in Ontario?

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.

Can I be evicted for 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 a landlord say no smoking in 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 BC?

If a solution cannot be negotiated, the landlord has a duty to correct the problem, including the option of evicting the smoking tenant if their behaviour continues to bdocHub your right to quiet enjoyment by exposing you and your family to unacceptable levels of toxic smoke.

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