Can I Smoke in my Apartment?
This is an incredibly common question tenants have on a regular basis. Smoking in apartment units arouses mixed responses from tenants and landlords alike.
The short answer to “can I smoke in my apartment?” is: maybe.
As there is currently no law in Ontario that prohibits individuals from smoking inside of their rental units, you are allowed to do so. However, this only applies to individuals that are already living in a rental unit and have signed an agreement that did not include a ‘no smoking’ clause. If you are a new tenant moving in, and your tenancy agreement prohibits smoking within the unit, you cannot smoke in your unit.
Smoking in Apartment Buildings
As mentioned above, you are able to smoke inside your apartment unit if you signed a tenancy agreement that did not include a ‘no smoking’ clause. Your landlord is not allowed to force you to sign a new tenancy agreement after you have already moved in because they want to add a ‘no smoking’ provision. However, the same does not apply to common areas of multi-unit buildings (apartments, condos, and co-ops) which include lobby areas, elevators, and laundry rooms. A landlord can prohibit you from smoking in these areas, regardless of what your individual tenancy agreement says.
Most tenancy agreements that are signed today include a ‘no smoking’ clause which means that you are not allowed to smoke inside of your unit. This is why it is important to read through your agreement thoroughly. Landlords, condo members, and property owners are within their legal right to make their buildings 100% smoke-free. In reference to prohibited places to smoke, section 12(2)(5) of the Smoke-Free Ontario Act states that smoking is not allowed in:
“Any indoor common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.”
(Smoke-Free Ontario Act, 2017, SO 2017, c 26, Sch 3)
Second-Hand Smoke From Another Unit is Bothering Me
You may find yourself in a situation where the smoke from another tenant’s unit is bothering you. Although this tenant may be legally entitled to smoke in their unit, you still have rights.
The Residential Tenancies Act (“RTA”), regulates the rights and obligations of landlords and tenants in rental units. Section 64(1) of the RTA states that:
“A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant.”
(Residential Tenancies Act, 2006, SO 2006, c 17)
This means that if another tenant’s smoking is disturbing you to the point that it is interfering with the reasonable enjoyment of your own unit, you may be able to seek recourse from the landlord who may in turn be able to evict the smoking tenant. A landlord may also apply to evict a tenant if their smoking is severely damaging a unit or is a threat to safety. As eviction is typically considered a last resort, your landlord may opt for another option before choosing this route.
If another tenant’s smoking is bothering you, you may want to consider the tips below before contacting your landlord. When it comes to matters pertaining to landlords and other tenants, you always want to act reasonably! This will show that you are not acting out of emotion or spite. Things to consider doing before contacting your landlord about second-hand smoke include:
Keep an accurate record of all the dates and times you are exposed to the second-hand smoke in your unit
Record how you are trying to combat the smell (opening windows, improving ventilation, using an air purifier)
If you are comfortable doing so, speak to the tenant that is the source of the second-hand smoke and try to find a reasonable solution
Speak to your local tenant association or condominium board to advise them of the situation, and to file a formal complaint
Get a doctor’s note corroborating how the smoke is affecting your health
Per the RTA, landlords are required to act on all reasonable complaints from tenants. Therefore, if there is proof that they were made aware of a second-hand smoke problem and did not take the proper steps to address the complaint, they could be in breach of a tenant’s rights.
Can I Smoke Weed in my Apartment Unit?
Smoking cannabis in Ontario was legalized on October 17, 2018. Smoking weed in your apartment unit falls under similar rules that apply to smoking tobacco in your unit. If you signed a tenancy agreement that did not contain a ‘no smoking’ clause, you are allowed to smoke weed in your apartment.
As mentioned above, if the smoking of weed in your apartment starts to interfere with the reasonable enjoyment or safety of another tenant, you may run into issues. If you sign a lease that contains a ‘no smoking’ clause before moving in, you are prohibited from smoking weed in your apartment, even though weed has been legalized.
As with most laws, there are exceptions to this. If you are smoking medical marijuana for health reasons, you are protected under the Ontario Human Rights Code. This means that even if you sign a lease that prohibits smoking, you may still be able to smoke if you have a verifiable disability that notes medical marijuana as the recommended treatment or remedy. Per the Ontario Human Rights Commission, a landlord has a duty to accommodate a tenant that smokes weed related to a disability unless it causes undue hardship.
In some instances, smoking in your apartment unit can be cut and dry. In others, you may have to do a bit of research. If you are ever in doubt, seek independent legal advice and also be sure to reference your lease agreement.
References
https://www.ohrc.on.ca/
