What to do - Tennants who smoke?

[tylerpearson]

Hello all,

I have tennats in one of my townhomes and although they are great tennants and pay above average rent the husband now smokes very heavily. The problems are twofold:

1. Although recently renovated a couple years back it will likey have to have additional work done once the tennants move out due to the smoke damage.
2. The bigger problem is that...the owners on both sides of my unit are complaining that the smoke from my rental unit is seeping into their units and is causing health issues. (headaches, difficult breathing etc.)

I aquired these tennats when I pucrhased the unit because in all other aspects they really are great tennants. At the time, when I aquired the unit the husband was a very casual smoker however; now it seems he`s moved to a very heavy smoker.

Unfortunatly the lease that I have on record does not forbid them from smoking within the unit so i`m looking for any and all suggesstions any of you may have on how I should best proceed.

Thansk in advance,
Tyler Pearson

 

[wendyfernandes]

What province are you in?

 

[invst4profit]

It really depends on the province you are in.

If on a lease give notice you will not be extending at end of lease. If presently on month to month give notice to evict now based on the effect smoking is having on neighbours.
If they tell you they will stop or reduce smoking do not believe them.
You really have no alternatives short of evicting asap.

 

[Nir]

Hi Greg,

I didn’t know smoking is a good reason to evict a tenant. Basic question: is it even legal/common/reasonable to include a restriction in the lease regarding smoking in one`s unit? can you evict based on smoking even if it is not mentioned in the lease?

Don`t get me wrong - I do not smoke and wouldn`t mind if it wasn`t even legal. I`m just surprised to learn there is so much we can do about it.

Thanks,
Neil

 

[JohnS]

QUOTE (investmart @ Nov 8 2008, 01:59 AM) Hi Greg,

I didn`t know smoking is a good reason to evict a tenant. Basic question: is it even legal/common/reasonable to include a restriction in the lease regarding smoking in one`s unit? can you evict based on smoking even if it is not mentioned in the lease?

Don`t get me wrong - I do not smoke and wouldn`t mind if it wasn`t even legal. I`m just surprised to learn there is so much we can do about it.

Thanks,
Neil

I`m totally not sure about this, but I seem to remember reading somewhere (probably on here months ago) that smoking could fall under the grounds of restricting the enjoyment of others in the building, or however it`s phrased. So, if it was a single family home, it probably couldn`t be used, but if it`s a duplex or larger, then it could be used if the people in the other half complain.

It`s worth checking out, though.

Have a good one!

JohnS

 

[Nir]

Thanks John, Good point.

 

[wealthyboomer]

Re: No Smoking
Ban on tenant smoking a hazy issue
Smoking, is an addiction and a disability, so eviction for smoking would run afoul of human rights legislation.
Just inserting a no-smoking clause in a lease is a violation of a person`s rights.
"You can`t even ... discriminate at the very start of the lease and tell people you can`t smoke,"
More here: http://tinyurl.com/5zxda7

Landlord May Butt Out Smoking Tenant: Ontario Landlord & Tenant Board
In a ground breaking ruling issued February 25, 2008, Ontario`s Landlord and Tenant Board has enforced a non-smoking provision in a residential lease, and upheld the right of residential landlords to prohibit smoking in the Province`s rental accommodations.
http://tinyurl.com/5cj59h

 

[TommyK]

Does anyone know about Alberta?

Can we legally put a clause of "banning smoking" on our lease agreement?

This is an interesting issue.

 

[wealthyboomer]

QUOTE (TommyK @ Nov 8 2008, 08:57 PM) Does anyone know about Alberta?

Can we legally put a clause of "banning smoking" on our lease agreement?

This is an interesting issue.
YES.
Alberta`s Residential Tenancies Act (RTA) outlines prescribed reasons for terminations and pets/smoking are not included. Nevertheless, no pet/no smoking policies can be enforceable if spelled out in a lease and agreed upon in writing by both parties. If a tenant breaches the rental agreement by having a pet or smoking in the rental premises, these breaches would be dealt with under contract law by Alberta courts and may lead to an eviction.

 

[tylerpearson]

QUOTE (tylerpearson @ Nov 6 2008, 10:32 AM) Hello all,

I have tennats in one of my townhomes and although they are great tennants and pay above average rent the husband now smokes very heavily. The problems are twofold:

1. Although recently renovated a couple years back it will likey have to have additional work done once the tennants move out due to the smoke damage.
2. The bigger problem is that...the owners on both sides of my unit are complaining that the smoke from my rental unit is seeping into their units and is causing health issues. (headaches, difficult breathing etc.)

I aquired these tennats when I pucrhased the unit because in all other aspects they really are great tennants. At the time, when I aquired the unit the husband was a very casual smoker however; now it seems he`s moved to a very heavy smoker.

Unfortunatly the lease that I have on record does not forbid them from smoking within the unit so i`m looking for any and all suggesstions any of you may have on how I should best proceed.

Thansk in advance,
Tyler Pearson

Hi Wendy,

I`m in Ontario.

Look fwd to hearing from you.

Cheers,
Tyler

 

[ShannonMurree]

QUOTE (tylerpearson @ Nov 9 2008, 04:10 PM) Hi Wendy,

I`m in Ontario.

Look fwd to hearing from you.

Cheers,
Tyler


Hi Tyler,
Given that you initially didn`t put in your lease (but you will going forward right?) then you have an issue. Presently Ontario doesn`t have legislation of the "no smoking clause". HOWEVER, if you had put in your lease then you could have acted and filed an application based on the fact that they would have been in violation of their lease agreement. You could file the forms for the following:
[list type=decimal][*][The tenant] or another occupant of the rental unit or someone he permitted in the residential complex has wilfully or negligently caused undue damage the premises; and,[The tenant] or another occupant of the rental unit or someone he permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant.[/list type=decimal]
I`ve seen cases this year where the landlords had been awarded (yeah finally give props to the landlord given Ontario`s scale is one sided in favour of the tenant it seems

)

You said that they`re very good tenants other than the smoking. I find that if there`s a common courtesy between you and your tenants already just simply type a letter to say "thanks but hey, here`s what`s going on". As a smoker, maybe he doesn`t realize? You said that you knew he was a smoker when he first moved in. Definitely establish ground rules from step one. Ask that he take his smoking outside.

Good luck!

 

[CalvinPeters]

kindly ask the tenant to run the fans in the bathrooms 24/7. He is paying the power for that. I have found that non-smokers that have neighbors that smoke can have smoke smell come into thier sides (townhouses) through the exhaust fan system. (was that a run-on sentence?!!!) it is taken care of by running the bathroom exhaust fan. I should think that if he was a good guy he might want things better for his neighbors. Other than that, he is already smoking in the suite so dont bother him about that. Deal with it after he moves out. Yes, you will have to pay more for cleaning (maybe even have to run the ozone machine in there for a bit) But he was smoking when you bought it. Next tenant in has the non-smoking clause. The End. Happy Ending. Cheers.

 

[invst4profit]

I would politely ask them to move explaining the effect they are having on the neighbors.
When they refuse I would go to the board and attempt to evict under "reasonable enjoyment" article.
Primarily I would do this for the sake of the neighbors and secondly to reduce the damage and expense they are causing the landlord.

I would get letters from adjoining units clearly stating the changes that have taken place and spelling out how this tenant is having a detrimental effect on there living conditions.

Keep in mind you are not evicting because they smoke you are evicting because there smoking is having a detrimental effect on others. Explain that your unit is not suitable for them under the circumstances, be creative.
The general attitude toward smoking may, could, should give support to your desire to evict.
You do not know unless you try.