Are you renting in Ontario and unsure about smoking rules at your apartment or rental home? Knowing how designated smoking areas are regulated, what landlords can require, and your rights as a tenant in Ontario will help ensure a safe, respectful living environment for everyone. This guide explains key legal requirements, practical steps for tenants, and what to do if concerns arise.

Overview: Smoking Rules in Ontario Rental Housing

In Ontario, public health and rental legislation set clear guidelines on smoking in rental accommodations. Most multi-unit residential buildings are affected by the Smoke-Free Ontario Act, 2017^[1], which prohibits smoking tobacco or cannabis in indoor common areas, such as lobbies, hallways, and elevators. Landlords can also set additional smoke-free rules for private units or outdoor spaces through rental agreements.

Key Points Tenants Should Know

• Smoking is never allowed in enclosed public or shared areas, by law.
• Landlords may make entire buildings smoke-free, including private units, as a lease condition—if agreed upon in your lease.
• Designated outdoor smoking areas may sometimes be established, but are not required.
• If you signed a lease with a no-smoking clause, you must follow it—even if other tenants are permitted to smoke.
• Cannabis use rules generally mirror tobacco smoking rules, with some added restrictions near children's play areas and schools.

It's important to check your lease and building rules, as well as provincial laws, to understand your specific situation. For a comprehensive overview, visit Tenant Rights in Ontario.

Designated Smoking Areas Explained

Ontario law does not require landlords to provide a designated smoking area, either indoors or outdoors. However, some landlords may choose to set up outdoor smoking zones to accommodate tenants who smoke, while keeping other areas smoke-free for the health and safety of all residents.

• Designated smoking areas must be outdoors and comply with distance rules (such as being at least nine metres from building entrances, air intakes, or windows that open).
• Covered patios, balconies, and private outdoor spaces can only be used for smoking unless your lease or building rules state otherwise.

If a designated area is provided, it should be accessible and clearly marked, following local municipal by-laws and provincial law.

Your Lease and Smoking Rules

Many rental agreements in Ontario now include specific clauses about smoking. Some may completely ban smoking inside the unit, on balconies, or anywhere on the property. Others may allow it only in outdoor designated areas, or not at all.

• Review all sections of your lease for clauses regarding smoking tobacco or cannabis.
• If there’s no clause, Ontario law still prohibits smoking in indoor common and shared areas.
• Landlords cannot change smoking rules during an active lease. Changes apply to new leases unless all parties agree in writing.

If you have questions or concerns about restrictions, connect with your landlord, the Landlord and Tenant Board (LTB) of Ontario, or a tenant advocacy group for clarification. To learn more about landlord and tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Can a Landlord Enforce a Smoke-Free Policy?

Yes, but only if it is included in the lease you signed. Smoke-free policies apply only to the tenants who agree to them – so if you have a grandfathered lease without such a clause, new restrictions can't be imposed on you until renewal or agreement.

Landlords can issue warnings, document breaches, and make an application to the LTB if tenants repeatedly violate a no-smoking clause. However, evictions for smoking usually only occur if there is proof that other residents are disturbed or damages are caused.

If smoking from other units is affecting your enjoyment or health, document complaints and notify your landlord in writing. This may be a health and safety issue that must be addressed.

Legal Protections: Tenant Rights and Complaint Options

Both landlords and tenants are protected under Ontario's Residential Tenancies Act, 2006^[2]. Tenants have the right to reasonable enjoyment of their home – meaning excessive smoke, odours, or health impacts may violate your rights.

If you are affected by drifting smoke, or if you believe your landlord is not enforcing no-smoking rules as agreed:

• Write to your landlord with details and request action
• Document your health impacts or lost enjoyment
• File an application with the LTB if issues persist

The most relevant form is:

• Form T2 – Application about Tenant Rights: Used if your landlord hasn’t met responsibilities (including ensuring reasonable enjoyment or health/safety), or is not dealing with secondhand smoke complaints. You can download Form T2 from the official Landlord and Tenant Board site.

How to use Form T2: For example, if secondhand smoke from another unit is entering your home, and your landlord does not act despite complaints, you may fill out Form T2 to ask the LTB for an order requiring the landlord to address it (such as repairs, cleaning, or warning the smoking tenant).

Accessibility Considerations

Ontario’s Human Rights Code protects tenants with disabilities or medical sensitivities from discrimination. If secondhand smoke jeopardizes your health because of a disability, you may request accommodation through the landlord.

For tips on addressing maintenance or housing concerns, check Health and Safety Issues Every Tenant Should Know When Renting.

What to Do if You Have a Complaint

If smoking is affecting you or if you feel your landlord is not honouring the lease terms, you have several options:

• Start by communicating in writing with your landlord
• Document all incidents, take photos, and keep a log
• If needed, contact the Landlord and Tenant Board or a local public health unit
• Use Form T2 as explained above if issues are unresolved

Knowledge of your rights—and steps you can take—empowers you to handle smoking-related issues confidently.

More Ways to Find a Smoke-Free Rental

Looking for a home environment that fits your needs? Browse apartments for rent in Canada and filter for no-smoking or smoke-free options to enjoy fresh air and peace of mind.

FAQ: Ontario Smoking in Rentals

1. Can my landlord ban smoking in my unit even if I already live there?
   Generally, the landlord can only enforce new smoke-free rules at lease renewal, unless you agree to a change.
2. What if secondhand smoke is coming into my apartment from neighbours?
   You have the right to reasonable enjoyment. Inform your landlord in writing, document the incidents, and consider applying to the LTB if issues aren't fixed.
3. Am I allowed to smoke cannabis in my rental?
   Cannabis rules match tobacco: you can't smoke in indoor common areas or where your lease or building rules prohibit it.
4. Are balconies or patios included in a no-smoking rule?
   If your lease or building policy includes these spaces, you must follow the rule, even outdoors.
5. Can I be evicted for breaking a no-smoking clause?
   Eviction is rare and usually only after repeated, serious breaches that affect others or cause property damage. The landlord must apply to the LTB.

Conclusion: What Ontario Tenants Should Remember

• Review your lease carefully: smoke-free rules must be clear and agreed upon.
• If smoking is affecting your health or enjoyment, document, communicate, and use official forms if needed.
• Tenants have strong legal protections under Ontario law around health, safety, and reasonable enjoyment.

Every tenant and landlord situation is unique, but knowing your rights and responsibilities will help maintain a healthy and respectful rental environment.

Need Help? Resources for Tenants

• Landlord and Tenant Board (Ontario): Advice and dispute resolution for rental issues
• Official Ontario Legislation: Residential Tenancies Act, 2006
• Local Public Health Units: For reporting smoke-related health and safety concerns (see the Ontario public health directory)
• Ontario Human Rights Commission: Contact for accommodation/disability rights
• Additional info: Tenant Rights in Ontario

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1. Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Sched. 3
2. Residential Tenancies Act, 2006 (RTA)

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