Toronto real estate lawyer Lisa Laredo welcomes the provincial government’s proposal to give no-smoking clauses in rental agreements some teeth.
Landlords are free to include a no-smoking clause in rental agreements, but breaking that clause is not considered a ground for eviction under Ontario’s current Residential Tenancies Act.
However, in a consultation paper released earlier this year, the province’s Ministry of Municipal Affairs and Housing suggests allowing landlords to terminate tenancies for smoking violations without having to show that smoke has caused damage or impaired the safety of the unit.