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Common Tenant Problems - Other Problems

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Questions not Covered Here?

If you have questions about your rights as a renter or are having problems with your landlord, then there are several terrific sources of reliable information available:
  • The Federation of Metro Tenant Associations (FMTA) is a renter advocacy organisation here in Toronto that has many experts who can answer your questions either by telephone (416-921-9494), postal-mail, or e-mail (hotline@torontotenants.org).

  • If you have questions about hearings at the Landlord and Tenant Board (LTB), either because you or your landlord has scheduled a hearing or you are considering filing a complaint (“tenant application”) at the LTB, there are lawyers and community legal workers who can help. There is no cost for their service. These Tenant Duty Counsel advisors are available at most LTB offices, and are also available to speak with by telephone.

  • You can also speak with a layer at your local Community Legal Clinic (CLC) office. Your local CLC can provide you with legal advice or connect you with legal representation. Each CLC office services a specific area of the city; check their webpage for more information. It is usually best to visit during one of their “Drop In” times, if they have them. You can try telephoning, but these are busy offices, so it is usually faster to drop in than to call. You can find the CLC office that services your area by following this link.

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Author Topic: Cigarette Smoke  (Read 3712 times)

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fwatts

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Cigarette Smoke
« on: September 06, 2021, 02:30:55 pm »
the people beside me smoke alot .  doesnt the lanlord have to make them stop
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Richard

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Re: Cigarette Smoke
« Reply #1 on: September 08, 2021, 10:45:34 am »
Good Question!

And how about Cannabis smoke?
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samantha

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Re: Cigarette Smoke
« Reply #2 on: September 11, 2021, 12:36:11 pm »
I believe that the landlord has a duty to allow you to have "peaceful enjoyment of the premises", and I cannot see why this wouldn't apply to other tenants' smoke bothering you.  (It does apply to tenants bothering their neighbours with excessive noise, for example.)

You should complain to your landlord.
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fwatts

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Re: Cigarette Smoke
« Reply #3 on: September 11, 2021, 12:37:44 pm »
But I don't want to get anybody evicted...  what can the landlord do to my neighbors?
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William

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Re: Cigarette Smoke
« Reply #4 on: September 11, 2021, 12:41:05 pm »
The good news is that it is almost impossible for a landlord to evict a tenant for smoking.  (I realise that you don't smoke, but I'm just saying...).

The older leases did not forbid smoking (most non-smoking clauses were added when marijuana became legal in Ontario), and if your lease does not forbid smoking then there is almost nothing the landlord can do against a tenant, except for asking the smoker to be more considerate.

But even if you have signed one of the newer leases that does forbid smoking, then you most likely still cannot be evicted because smoking is considered a health problem, not a legal problem.  Addiction is a health issue, and smokers are addicted to nicotine making smoking a health issue, and you cannot be evicted for any health issues that you may have.

All of that to say that you can relax, they would probably have a very difficult time evicting anyone.  But you do have a right to enjoy your home.  I would try speaking with your neighbours first, and then to the landlord if they persist.
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Jojo

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Re: Cigarette Smoke
« Reply #5 on: September 11, 2021, 12:50:46 pm »
What about if the superintendent smokes?  He often stands outside my window and smokes.
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Richard

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Re: Cigarette Smoke
« Reply #6 on: September 14, 2021, 12:17:51 pm »
Quote from: Jojo on September 11, 2021, 12:50:46 pm
What about if the superintendent smokes?  He often stands outside my window and smokes.


A landlord who allows their employees to smoke close to tenants’ windows or the front door of the building is allowing harassment of the tenant, and not enabling the peaceful enjoyment of the premisses by the tenant, which is not allowed.  The text of the Residential Tenancies Act is available here:

   https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html

and I would recommend beginning by reading sections 21 - 23, here is a link directly to section 22:

   https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec22


Also, here is a link to the City of Toronto Municipal Code, Chapter 709 – Smoking:

   https://www.toronto.ca/legdocs/municode/1184_709.pdf

and in particular I wanted to point out section:  "§709 - 3.  Smoking restrictions."  No-one is allowed to smoke within 9 meters of a public entrance.  (Follow the link above and then scroll down to that section, but don't let the table of contents at the beginning of the document fool you.)
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josephs

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Re: Cigarette Smoke
« Reply #7 on: September 17, 2021, 08:53:04 am »
My understanding is that landlords are free to regulate smoking in the public areas of their building, such as the lobby, and laundry room, etc.

There is also a City of Toronto bylaw that forbids smoking within 9 meters of any entrance to the building:

   https://www.toronto.ca/community-people/health-wellness-care/health-inspections-monitoring/smoking-legislation-enforcement/municipal-smoking-bylaws/mc-chapter-709-smoking/

To ban smoking in individual units requires them to have made that stipulation in your lease, otherwise they can't.

However, they do have a duty to enforce the "reasonable enjoyment of the premisses" provisions within the RTA.  So if you smoke, and if that smoking interferes with the reasonable enjoyment of your neighbours (smoke getting into other apartments through the ventilation system?), or if the smoking presents a health concern for their employees (second hand smoke getting into the hallways?), then they might have grounds to file a complaint at the LTB.

In practical terms, what I believe this all means is that you can continue to smoke in your unit.  If someone complains to your landlord, then they would have to warn you before it would be reasonable to file a complaint at the LTB – so in other words, you will receive a warning if your smoking bothers your neighbours.  If your smoking is a problem, then you could look into getting an air-filter, or exhaling your smoke out an open window, etc., to mitigate the complaints.

Also (and I don't know whether this applies to your situation), you have a right to take whatever medical treatments you require, so if you happen to be smoking medical marijuana, then they can't really do anything to stop you.
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