If a tenancy agreement includes a no-smoking clause, this is a material term of the tenancy agreement. A breach or violation by the tenant gives the landlord the right to end the tenancy if necessary. Use the same warning/enforcement methods for the smoking policy that you use for any other violation of a material term of the 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 “breach letter” or “Caution Notice” advising the tenant that:

a. They have breached a material term of the tenancy agreement (give specific examples of the breach);

b. 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

c. 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.

If you receive complaints of second-hand smoke migrating from ‘grandfathered’ units where smoking is allowed, into non-smoking units, go to Quiet Enjoyment.

Enforcement of the Tobacco Control Act is the responsibility of local health authorities. Section 3 of the Tobacco Control Act sets out the roles for Enforcement Officers and allows them to enforce Sections 2.1 to 2.3 of the Tobacco Control Act (Section 2.3 includes the provisions for smoke-free common areas in apartment buildings, condominiums and dormitories). Complaints of any violations of the Tobacco Control Act can be made to one of the five local Health Authorities.

However, owners and managers of apartment buildings have a legal responsibility to prevent people from smoking in common areas or entranceways of apartment buildings. They are not held responsible if it can be demonstrated that reasonable steps have been taken to prevent smoking from occurring.

Some tips for ensuring smoke-free areas include:

• Notifying residents of the smoke-free areas
• Posting signs
• Removing ashtrays from areas in which smoking is banned
• Reminding smokers to smoke 3 meters away from the building

The regulations do not apply to the private rental units, but do apply to areas that are common to all tenants,
workers and guests of the building. For more information on the Tobacco Control Act, and to obtain signage, go to the government website.

Where municipal bylaws are stricter than provincial legislation, unresolved complaints should be made to the municipal bylaw enforcement department.

If your building is converting to smoke-free status, to address complaints of second-hand smoke migrating from ‘grandfathered’ units into non-smoking units:

• Clarify with staff that while grandfathered tenants may still be allowed to smoke in their units, complaints of second-hand smoke must still be addressed.
• Where there is not a no-smoking clause in the tenancy agreement, if a landlord receives complaints that smoke from a neighbouring unit is significantly bothering other tenants, the second-hand smoke can constitute a breach of Quiet Enjoyment.
• If warranted, a landlord can issue a Notice to End Tenancy for Cause if it can be proven that the smoke is infiltrating the homes of other tenants, and there is evidence that the smoke infiltration is severe enough to cause an unreasonable disturbance. It must be more than a temporary discomfort or inconvenience. This is especially important if a landlord is seeking to evict a tenant for cause.
• Go to Quiet Enjoyment section for tips to address complaints of second-hand smoke

Here are some suggestions for reducing smoke transfer between units. Keep in mind these are only interim measures and will not eliminate the problem:

• Install weather-stripping around doors and windows
• Fill or patch cracks in walls, ceiling, and inside of cabinets on common walls
• Insulate the air spaces around plumbing pipes
• Insulate and place covers over electrical outlets
• Check the structure of your residence as sometimes structural weaknesses will allow second-hand smoke
• Ensure the building ventilation system is working efficiently by:
• Cleaning, changing or installing new filters in the ventilation system
• Adding more fresh air intake into the ventilation system
• Restricting the amount of air exhausted through the ventilation system from the units of tenants who smoke

Visit the Canada Mortgage and Housing Corporation website for useful tips on addressing indoor air quality issues in apartments. And view the US Indoor Environmental Engineering website for information on how to reduce second-hand exposure in a multi-unit dwellings.

Download our fact sheet on the benefits of going smoke-free from the Why Go Smoke-Free section of our website to distribute to staff or tenants.