No Smoking Clause In Lease Agreement Ontario

Section 6.1 of the report addresses smoking in rental housing and concludes that, given the risks associated with smoking, a housing provider may have little or no obligation to meet a tenant`s tobacco needs if this were the case, resulting in undue hardship. B, for example, negative effects on the health and safety of other tenants. The trend of non-smoking apartment buildings in Canada is gaining momentum as more and more homeowners and housing providers recognize the many benefits of a non-smoking policy. However, some players in the housing sector have the mistaken impression that the policy of non-smokers is discriminatory. If you have any questions, please contact CP Paralegal Services: It is 99.99% impossible to evict a tenant from a building to smoke because he could say that the smell did not come from their unit. The owner would need a forensics department to prove otherwise. But even if a tenant signs a lease that does not smoke and smokes later, he cannot be evicted simply because he has broken his promise made in the tenancy agreement. They have yet to prove that the smoke damaged the appliance in one way or another, or that it affected the consumption of other tenants, usually because of second-hand smoke that may affect adjacent units. Suppose the landlord lives there and the tenant lives in a basement. If the building has no more than three units, and the owner can prove that smoking directly affects them, the evacuation process may be a little quicker.

However, the landlord still has to have the corresponding notification to the tenant`s clock and then ask the landlord and tenant council for an eviction order. The rent law does not deal with smoking. Is the policy of non-smokers in apartment buildings discriminatory? Smoke-Free Housing Ontario / The Non-Smokers` Rights Association is currently not known from a Canadian dispute in which a non-smoking policy of an owner has been challenged because of discrimination. Moreover, given the existing jurisprudence on smoking and discrimination, it seems highly unlikely that future challenges will be successful.

13. December 2020 by
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