Are landlords allowed to say no smokers?

In these days of the Human Rights Act, do landlords have any right to prevent their tenants from smoking in their rental property. Well the short answer is – yes.

How do you prove a tenant is smoking in an apartment?

Usually, tenant smoking is easy to detect by the distinctive smell on walls, in carpeting and furniture, signs of ash or cigarette butts, and yellow or brown discoloration on walls, counters, cabinets, doors and trim. Even with camouflage, you can usually find enough signs to prove indoor smoking.

Why do landlords ask if you’re a smoker?

The cigarette odor creates damage that is expensive to mitigate and any landlord who has dealt with this issue knows this. So if the apartment is non-smoking, you can be sure they will charge you for smoking anywhere on the premises.

Can a landlord evict you for smoking outside your apartment?

If it doesn’t, and it doesn’t specifically say that there is no smoking on the premise, you cannot be evicted for that. You may have to stop smoking outside from now on, but that wouldn’t be ground for a landlord to evict you because it wasn’t clearly stated in the lease.

Can a landlord prohibit vaping in an apartment?

While vaping isn’t as harmful to the body as cigarette smoke is, and the secondhand smoke is exponentially less harmful than cigarette smoke, AND the damage to property is virtually non-existent, Vaping is still considered “smoking” and thus, the landlord can prohibit tenants from doing so.

How to prove a tenant is smoking inside your property?

Smoking indoors is not only dangerous, but it can damage the property. We wanted to share with you different ways you can prove a tenant is smoking indoors and what you as a landlord or property owner can do about it.

Is it against the lease to smoke inside your house?

You can add it to your lease agreement that painting walls is not allowed, but just like smoking indoors, this is a rule that not everyone will follow. Unlike marijuana, nicotine actually sweats through paint, so any attempts to cover it will not last long.

How can I Stop my tenants from smoking?

• Clearly state on all advertising that you’ll only accept non-smoking tenants.
• look for (or ask your agent to look for) signs that the prospective tenant is a smoker.
• Remind everyone who comes to view that smoking isn’t permitted and listen carefully to their response.

  Can I evict tenants who violate lease by smoking?

  A landlord cannot evict a tenant for smoking in violation of a “no smoking” clause in the lease. The “no smoking” clause is void because the RTA does not cover smoking. However, a landlord may have grounds to apply to evict a tenant for smoking if the smoke damages the property or bothers other tenants.

  Is smoking against the law in apartment buildings?

  This applies to both condos and apartment buildings. However, there are currently no laws that prohibit a person from smoking in private residences. Apartment owners and condo corporations are free however to set restrictions in rental agreements, leases and bylaws, including making individual apartment units, wings, or entire buildings smoke free.

  Can I smoke in my own apartment?

  Whether you can smoke in your own apartment depends on your lease and the relevant law. It’s getting harder and harder to find a place that allows smoking in any form. Many state and local laws prohibit smoking in workplaces and public spaces, and restrict or prohibit it in multiunit residential properties.