General Info

Can we smoke in balcony?

Can we smoke in balcony?

If the by-law only restricts smoking on common property, then you are entitled to use your balcony as you wish. However, smoke drift is a prevalent strata issue, and we urge you to be considerate of your neighbours, as they might not be smokers and don’t wish the smoke to enter their apartment.

Can a landlord force you to stop smoking?

If your smoke causes a nuisance for another tenant that interferes with that tenant’s reasonable enjoyment of their unit, your landlord could take steps to require you to stop smoking. This would particularly be the case if the other tenant is, for example, allergic to smoke.

Can a landlord tell you not to smoke in your apartment?

Landlords typically inform tenants of a no-smoking policy or smoking restrictions through a clause in their lease or rental agreement. Most likely, such a clause applies to smoking of any sort, not just tobacco, but if you’re not sure, ask your landlord—preferably before you sign anything.

Can a landlord smoke in a private home in Ontario?

When it comes to standing up for smoke-free air in private homes, the Smoking and Health Action Foundation is happy to report that despite smoking prevalence having decreased over the years, cases at the Ontario Landlord and Tenant Board (LTB) involving smoking are much more common than a decade ago.

Can a landlord evict a tenant for smoking marijuana?

Whether a landlord will be able to evict a tenant for smoking marijuana based solely on the illegal activity clause depends on the circumstances. Many judges won’t evict when the tenant doesn’t have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

If your smoke causes a nuisance for another tenant that interferes with that tenant’s reasonable enjoyment of their unit, your landlord could take steps to require you to stop smoking. This would particularly be the case if the other tenant is, for example, allergic to smoke.

Landlords typically inform tenants of a no-smoking policy or smoking restrictions through a clause in their lease or rental agreement. Most likely, such a clause applies to smoking of any sort, not just tobacco, but if you’re not sure, ask your landlord—preferably before you sign anything.

Can a landlord prohibit smoking on the balcony?

If your lease specifically prohibits smoking ANYWHERE on the property, then you are not going to be able to smoke on your balcony no matter if you think the rule is stupid or not. Remember, the landlord is the one who owns the property, so they are the ones that get to make the rules.

When it comes to standing up for smoke-free air in private homes, the Smoking and Health Action Foundation is happy to report that despite smoking prevalence having decreased over the years, cases at the Ontario Landlord and Tenant Board (LTB) involving smoking are much more common than a decade ago.

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