It's Your Choice and Completely Legal
Many landlords tell us that they would love to be able to implement a no-smoking policy, but don't want to include anything in the lease that they can't enforce. Others are under the impression that no-smoking policies are illegal or discriminatory. The good news is that you have the right to institute a no-smoking policy. No-smoking policies are legal, non-discriminatory AND enforceable.
A no-smoking policy is similar to policies that restrict pets or barbeques.
While existing tenants must be 'grandfathered' during the length of their tenancy, all future tenancies can include a no-smoking policy that bans smoking in individual units and outdoor balconies, or any areas of the residential property.
This section describes the laws and legal issues related to the regulation of smoking in residential buildings, including: