Since this is a new building, you are not bound by any previous policies or tenancy agreements. Most attractive to non-smoking tenants, and easiest to enforce, is to make your entire property smoke-free, including inside rental units, on patios and balconies, and the grounds up to the property line.

Here is sample language recommended by the Rental Owners and Managers Society of BC:

“It is a material term of this tenancy agreement that smoking of any combustible material in the rental unit or on the residential property is prohibited.”

• Incorporate the no-smoking policy into all new tenancy agreements; or
• Add an Addendum to the tenancy agree¬ment listing all the terms of the no-smoking policy and ensure both landlord and tenant sign it. (Landlords and tenants can agree to and include additional terms in a tenancy agreement, such as whether smoking is permitted on the premises);

• Post “no-smoking” signage in appropriate locations on the property. Download official no-smoking signage free of charge, which complies with the amended BC Tobacco Control Act banning smoking in common areas of apartments and three metres from entrances.
• Advertise your smoke-free units in directories or websites where your building is listed. Going smoke-free is a marketing advantage.
• Register your smoke-free building on our online Smoke-Free Housing Directory

If a tenancy agreement includes a no-smoking clause, such clauses have been accepted as a material term of the tenancy agreement, giving the landlord the right to end the tenancy for continued violation. Use the same warning/enforcement methods for the no-smoking policy that you use for any other violation of a material term of a tenancy agreement.

Here are some steps for enforcing a no-smoking policy included in a tenancy agreement:

1. If there is evidence that a tenant is smoking in violation of the no-smoking policy, issue a “Caution Notice” advising the tenant that:
1. They have breached a material term of the tenancy agreement (give specific examples of the breach);
2. Make a specific statement regarding the compliance required, such as “cease smoking anywhere on the residential property” or “confine your smoking to the designated area of the property”; and
3. Clearly state that failure to comply could result in the tenancy ending (eviction).
2. Be sure to document any and all violations, and if possible, get witnesses who would be able to testify to incidents of smoking by tenant.
3. If the tenant fails to comply with the Caution Notice, issue a one-month ‘Notice to End Tenancy for Cause’ using the appropriate Residential Tenancy Branch form. Be sure the notice is served on the tenant.
4. If the tenant disputes the Notice to End Tenancy, the landlord must provide evidence to prove the reasons for ending the tenancy.