Share Smoking Lease Addendum

Aug 6th, 2022
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How to Share Smoking Lease Addendum

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In today's Tuesday tip, the focus is on non-smoking policies and lease addendums. A manager expressed confusion over a letter stating that they had removed their non-smoking policy due to a lack of HUD approval, in light of MOA funding. Initially perplexed, the presenter clarified that HUD does not approve smoke-free policies; instead, they simply advise that policies should not infringe on civil rights. Further investigation revealed that the smoke-free policy was indeed an addendum, emphasizing the importance of understanding the distinctions between policy approval and compliance with civil rights regulations.

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Landlords can legally ban smoking in tenancy agreements Residential tenancy relationships in BC are governed by the Residential Tenancy Act. In compliance with the Act, a landlord can include additional terms in all new tenancy agreements to ban smoking in all units, balconies and the entire residential property.
If you live in a multi-unit building, like an apartment, condominium or townhouse, these are two issues to keep in mind: You cannot smoke or vape within six metres of the doorways, open windows or air intakes that are connected to common areas. Some examples of common areas are he lobby, laundry area or hallways.
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.
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.
Residential Tenancy Act Second-hand smoke can constitute a bdocHub of quiet enjoyment. If a Tenancy Agreement does not include a no-smoking clause, tenants are allowed to smoke in their units. However, tenants do not have unfettered rights to smoke.
Properties that are rented to exclusive occupiers i.e. bedsits, flats and houses can be smoked in, unless the tenancy agreement states otherwise - but where a tenant bdocHubes this clause a Section 8 Notice would have to be issued.
But the question remains, can you evict a tenant for smoking? Although its possible to evict a tenant for smoking on the premises, eviction is usually considered to be a severe punishment for smoking inside. In most cases, the judge will refuse the landlord a possession order.
Landlords can legally ban smoking in tenancy agreements Residential tenancy relationships in BC are governed by the Residential Tenancy Act. In compliance with the Act, a landlord can include additional terms in all new tenancy agreements to ban smoking in all units, balconies and the entire residential property.

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