Toronto Renters Forum
Common Tenant Problems => Other Tenant Problems => Topic started by: fwatts on September 06, 2021, 02:30:55 pm
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the people beside me smoke alot . doesnt the lanlord have to make them stop
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Good Question!
And how about Cannabis smoke?
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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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But I don't want to get anybody evicted... what can the landlord do to my neighbors?
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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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What about if the superintendent smokes? He often stands outside my window and smokes.
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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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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.