I checked the tenant's lease and my sublease agreement, and neither has a no-smoking rule. I pay rent on time. What are my rights? Landlords have the right to prohibit or restrict smoking in their rental properties. Most of the time, a no-smoking policy is part of the lease or rental agreement.
When tenants or subtenants sign a lease or rental agreement, they agree to be bound by its terms. Tenants or subtenants who violate their lease or rental agreement risk early termination of their tenancy or even eviction.
However, landlords cannot create new rules mid-tenancy unless the tenant agrees to the change in writing. A landlord cannot add a new policy into a fixed-term lease before the lease expires. When a month-to-month rental agreement is in place, a landlord can only make a change after giving the tenant proper notice 30 days before the new policy begins in most states in writing.
Because you're a subtenant of a tenant with a lease, you must abide by the terms and conditions of the tenant's lease—as well as the terms of your sublease agreement. For example, a no-pets clause in the tenant's lease also applies to you. Likewise, the rule that landlords can't change the rules mid-lease apply to you—meaning the landlord can't insist that you stop smoking, because the tenant's lease doesn't have an anti-smoking clause.
I'm constantly finding cigarette butts laying on the ground in the parking lot, too. Cigarette smoke can leave lasting damage.
Landlords and owners have every right to state that they don't want this in their buildings. Smoke outside, respect your neighbours and the property you rent, and look into quitting to give yourself a healthier future! Doug Joined: Mar Posts: Soon we will need regulations to protect the Landlords rights to who he rents too or does not when it comes to smoke. Now it is cigs but soon Medical weed that is easily confused with Recreational. Medical wise there is more than smoking or vaping to get your "medicine".
The landlord should not have to chose. Smoke outside. They cannot do anything about you smoking outside. During the Summertime, I like to leave my bedroom and living room windows open so I can keep my place reasonably cool and have fresh air in my suite.
If somebody smokes by the door, I get the smoke into my apartment which is on the top floor! Looking down from my suite is the main door and parking lot.
I had a conversation with a tenant just this week about the smoke smell of the other tenants clothing etc bothering them. As one would expect the non smoking tenant is the more desirable of the 2.
If everyone was respectful there would be no issue, however they are not. If you.. If you want a place that allows smoking save up and buy your own place. Renters often think they should have all these rights.
You only rent it. I also wouldn't rent to someone with obvious anger issues. It's my property that I worked hard to pay for. You aren't entitled to anything, including being allowed to destroy my property. Sorry not sorry. Getty Joined: Aug Posts: The sad thing about smokers that rent, is that they want their deposit back when they leave.
Smokers are smokers. If you want a place of your own, save money and buy a house and smoke all you want. When it's time to sell your house. Our lease states that if anyone smokes inside the property that they will forfeit their security deposit and pay for any resulting damages.
Our tenant lied. If yes, Indoors or Outdoors? I have advertised it as a non-smoking property. My husband used to do the showings, but now I will- I have a better nose for sniffing it out. In the screening process, I plan to ask nonchalantly, oh I forgot, do you smoke indoors or outdoors? Any other ideas? I thought about always "forgetting" some non-essential paperwork and running out to their car to hand it to them, maybe try to lean in the window to see what I can see or smell.
I was advertising a property once that was non-smoking. A woman was applying and kept her hand in her pocket. I happened to notice that she was trying to cover up a pack of cigarettes.
Some people, you can tell within 5 feet of them and those people are obvious. We have a policy not to rent to smokers as well. Of course they will lie just like they do on their health insurance enrollment forms. We simply have as one of our rules that smoking is not allowed on the premises and is subject for termination of the lease. We send our HVAC guy out 2x per year to "change filters" and we get recon on the condition of the house, including the smell. We have a no-smoking policy.
No smoking anywhere on the premises, inside or out. In our advertising we make it clear that we do not rent to smokers. During our pre-screening interview we ask: How many people will be living in the unit? Do any of them smoke? If yes, how many cigarettes a day? Indigenous people have been using traditional or sacred tobacco for thousands of years. Traditional or sacred tobacco differs from commercial tobacco in that it is used in a variety of ways including ceremonial or sacred rituals for healing and purifying and in social customs where it is given or.
Traditional or sacred tobacco is grown and dried without additives. For more information on traditional tobacco please visit tobaccowise. The ceremonial use of tobacco is not exempt from smoke-free policies in multi-unit housing unless explicitly stated. However, under human rights legislation all Albertans are under a duty to accommodate the religious beliefs and practices of others. The duty to accommodate goes both ways, as such any resident s using tobacco for ceremonial purposes should ensure they are not causing other residents undo harm.
Tips for supporting the ceremonial use of tobacco include:. Landlords are obligated under the Residential Tenancies Act to ensure the premises meet at least the minimum standards prescribed for housing premises under the Public Health Act and regulations.
Second-hand tobacco smoke is a major, preventable contributor to acute and chronic adverse health outcomes. There is no safe level of exposure to second-hand tobacco smoke. Second-hand smoke has more than 50 cancer-causing chemicals and has been identified as a toxic air contaminant that is classified as a known carcinogen.
In several Canadian court cases, second-hand smoke has been found to cause injury. Thus, landlords have a significant obligation to protect tenants from second-hand smoke exposure. This website is full of information about smoke-free policies, including the benefits of a smoke-free environment and how to go about creating a policy for your building. There are also many tools and resources to help you throughout the process.
For more detailed information, download our comprehensive guidebook on smoke-free policies for rental properties or contact us to order a print copy.
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