What Is the Concern Around Smoking by Tenants in Toronto?

Smoking by tenant in Toronto continues to raise concern among residential landlords, especially in multi-unit buildings and condominiums. The issues extend beyond mere nuisance. Smoke can seep through ventilation systems, damage property surfaces, and trigger complaints from neighbors. For landlords, addressing this behaviour through a proactive lease structure can help limit disputes and safeguard the rental property.

With strict smoking regulations already in place under the Smoke-Free Ontario Act and the legalization of recreational cannabis, rental agreements need clear provisions. Adding enforceable lease clauses can help ensure tenants understand the boundaries from the outset.

This article outlines 7 essential clauses every landlord in Toronto should consider including in their lease to deter smoking-related issues.

The Role of Smoking Rules in Residential Tenancies Across Toronto

Landlords in Toronto are entitled to establish rules that restrict smoking within the rental unit or on the property. While tenants have personal freedoms, those freedoms don’t extend to violating lease terms or impacting the health and safety of others.

When smoking by tenant in Toronto leads to neighbor complaints, fire risk, or property damage, landlords may be held responsible unless they’ve set up proper lease protections. A well-drafted lease agreement can reduce legal uncertainty and give landlords a basis for enforcement.

How to Structure Your Lease: 7 Key Clauses to Include

Below are 7 lease clauses Toronto landlords should consider to discourage or prohibit smoking on the premises.

1. Non-Smoking Clause

A non-smoking clause is the most direct method of preventing smoking by tenant in Toronto. This clause should specify that the tenant and their guests are not allowed to smoke any substance, including tobacco and cannabis, inside the rental unit.

Example language:

“The Tenant agrees that smoking of any substance (tobacco, cannabis, or otherwise) is strictly prohibited within the rental unit, including but not limited to all indoor spaces, balconies, and storage rooms.”

This sets the baseline expectation clearly from the beginning.

2. Definition of “Smoking”

To avoid ambiguity, define what “smoking” means in your lease. Tenants may argue that vaping or cannabis use isn’t “smoking.” This clause ensures clarity and prevents loopholes.

Include:

• Combustion and inhalation of any substance
• Use of vaping devices, e-cigarettes, or heated tobacco products
• All forms of recreational cannabis use

This helps to strengthen enforcement if smoking by tenant in Toronto becomes an issue.

3. Cannabis-Specific Restriction

Cannabis use has been legalized federally, but landlords still retain the right to restrict its use in rental properties. A separate clause dealing specifically with cannabis can further reinforce your smoking policy.

Sample clause:

“The Tenant agrees not to consume, cultivate, or smoke cannabis within the rental premises or any part of the property including common areas.”

Adding this clause addresses a common grey area in leases and reflects updated regulatory expectations.

4. Common Areas Restriction

Smoking by tenant in Toronto doesn’t always occur inside the unit; stairwells, balconies, and building entrances are also common smoking locations. Landlords should explicitly mention that common areas are smoke-free.

Clause addition:

“Smoking is not permitted in any common areas of the property including hallways, entrances, stairwells, and outdoor spaces such as gardens or balconies.”

This is particularly important in shared residential buildings or multi-unit homes.

5. Guest and Occupant Responsibility

Tenants often claim they are not personally responsible for the actions of their guests. A clause that makes the tenant liable for guest behavior ensures that excuses are not used as a loophole.

Recommended wording:

“The Tenant is responsible for ensuring that all guests, visitors, and co-occupants comply with the non-smoking rules set out in this lease.”

This helps create a sense of accountability and reinforces that compliance is not optional.

6. Cleaning and Damage Charges

Smoking often causes discoloration, odor, and residue that can significantly increase cleaning costs and reduce property value. Including a clause that holds tenants responsible for any damage or cleaning required due to smoking protects landlords from financial loss.

Possible clause:

“The Tenant agrees to be liable for any costs associated with cleaning, repainting, or repairing the unit that result from a breach of the smoking clause.”

With smoking by tenant in Toronto still a recurring complaint among landlords, having this clause also acts as a deterrent.

7. Enforcement and Termination Clause

The lease should specify that violating the non-smoking policy constitutes a breach of the lease agreement and may result in warnings, penalties, or termination of tenancy.

Clause sample:

“Any violation of the smoking prohibition is a material breach of this lease and may lead to the issuance of a notice of termination in accordance with the Residential Tenancies Act.”

While eviction is often a last resort, outlining potential consequences ensures the seriousness of the rule is understood.

Bonus Tip: Post Clear Signage and Educate Tenants

In addition to clauses in the lease, landlords can support enforcement by posting clear “No Smoking” signage on the premises. During the tenant onboarding process, discussing these rules upfront can prevent misunderstandings and future disputes.

Addressing Violations: What Landlords Can Do

If smoking by tenant in Toronto is reported or observed, landlords should:

1. Document incidents (photos, written complaints from neighbors, etc.)
2. Send a written warning referring to the breached clause
3. If non-compliance continues, serve an N5 Notice under the Residential Tenancies Act
4. Consult a paralegal to explore next legal steps

Landlords must ensure they follow the proper legal procedure to avoid claims of unlawful eviction or harassment.

Moving Forward

Preventing smoking by tenant in Toronto isn’t just about comfort it’s about protecting property, health, and legal responsibility. Including strong lease clauses sets a foundation for enforcement and helps avoid costly disputes.

Lease agreements should always be clear, specific, and enforceable. A well-prepared document reduces misinterpretations and gives landlords the legal standing needed to act if a problem arises.

For landlords dealing with complex tenancy matters, seeking professional guidance is a valuable step.

George Brown Professional Corporation provides landlord-focused legal support across Toronto, helping property owners and managers handle tenancy concerns—such as smoking violations—with structured and lawful approaches.