Understanding the smoking policies in rental units across Ontario is important for anyone renting a home or apartment. Whether you smoke or want to avoid secondhand smoke, knowing your rights and the laws can help you maintain a safe, healthy, and respectful living environment.

Who Sets Smoking Policies in Ontario Rentals?

In Ontario, both provincial laws and individual landlords influence smoking rules in rental accommodations. The Residential Tenancies Act, 2006 (RTA) provides a legal framework, but landlords can set additional, reasonable non-smoking rules as part of lease agreements^[1].

Provincial Laws: What’s Prohibited?

• Cigarettes and Tobacco: The Smoke-Free Ontario Act, 2017 bans smoking in indoor common areas of rental buildings with two or more units, such as lobbies, hallways, stairwells, elevators, laundry rooms, and garages^[2].
• Cannabis: Cannabis smoking is treated similarly. Smoking or vaping cannabis is not allowed in indoor common areas, and landlords can restrict it within individual units through the lease.
• Units: There is no provincial ban on smoking inside individual apartments or rental homes unless the lease specifically prohibits it.

In summary, you cannot smoke in any indoor common areas, and your personal unit will only be non-smoking if your contract says so.

Landlord Policies: How Are They Enforced?

Landlords can add a non-smoking clause to your tenancy agreement. If agreed on and signed by both parties, it is legally binding. However, if your lease is silent on smoking or was signed before any new smoking restrictions, you may keep smoking in your unit unless the act overrides it.

• Non-smoking rules must be part of the signed agreement or added by mutual consent.
• Landlords cannot change the lease on their own to add new smoking restrictions for current tenants.
• For new tenants, landlords are free to include no-smoking terms when advertising or signing a lease.

You can learn more about general Tenant Rights in Ontario if you need an overview of the laws that protect you as a renter.

Health, Safety, and Neighbour Disputes

Secondhand smoke can affect your health and your enjoyment of your living space. If smoke from another unit is entering yours or is bothering you in common areas:

• Document when and where the smoke enters your space.
• Report the problem to your landlord or building manager in writing.
• If the smoke is affecting your health or the safety of your home, this may become a health or safety issue under Ontario law.

Find more on how health and safety laws protect tenants at Health and Safety Issues Every Tenant Should Know When Renting.

What if the Lease Says 'No Smoking'?

If your written lease says ‘no smoking,’ violating this term can lead to warnings, formal notices, or, in rare cases, eviction if the breach is serious enough to disturb others or cause damage.

• First, you’re likely to receive a written complaint or warning.
• If the behaviour continues, your landlord may issue a Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding).

Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding): Used if your smoking activity disturbs neighbours or damages property. If you stop within the notice period (7 days), the notice is void. See the official Form N5 here.

Allergies, Disabilities, and Accommodation

If you have a medical condition or disability and require accommodation (e.g., you cannot tolerate smoke due to a respiratory issue), let your landlord know in writing. Landlords must take reasonable steps to accommodate disabilities under Ontario’s Human Rights Code.

What To Do If You’re Affected By Secondhand Smoke

• Speak with your neighbour if you feel comfortable.
• Document incidents (dates, times, impact and photos if possible).
• Notify your landlord in writing.
• If issues continue and the landlord does not resolve them, apply to the LTB with Form T2: Application about Tenant Rights. More on forms at the LTB’s official forms page.

If you’re moving into a new rental, always clarify the smoking policies before you sign. For practical tips, visit Essential Tips for Tenants When Moving Into a New Rental Home.

To explore a wide range of smoke-free rental listings, Find rental homes across Canada on Houseme. Many listings include clear information on smoking restrictions.

Relevant Legislation and Where to Get Help

• Ontario Residential Tenancies Act, 2006
• Smoke-Free Ontario Act, 2017
• Ontario Human Rights Code

For a full guide to your rights, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ: Smoking in Ontario Rental Units

1. Can a landlord ban smoking in my apartment?
   Yes, if the lease you signed includes a non-smoking clause. Otherwise, a landlord cannot introduce new smoking restrictions during your tenancy without your agreement.
2. What can I do if my neighbour’s smoking affects my health?
   You should document the problem and contact your landlord in writing. If the problem is not resolved, you may file a T2 application with the Landlord and Tenant Board.
3. Is cannabis smoking treated differently from tobacco in Ontario rentals?
   No. Cannabis and tobacco smoking are both restricted in indoor common areas and can be restricted in your unit through the lease.

Summary: Key Takeaways for Ontario Tenants

• Smoking is banned in shared indoor spaces, but not automatically inside rental units unless your lease says so.
• Always review your lease and clarify smoking rules before signing.
• You have options if secondhand smoke is affecting your health or enjoyment of your home.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB): LTB official website – file forms, find info on complaints, policies, and applications.
• Ontario Ministry of Municipal Affairs and Housing: Rental rights and legislation in Ontario
• Tenant Advocacy: Contact your local legal clinic via Legal Aid Ontario for advice or support.

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1. Residential Tenancies Act, 2006, S.O. 2006, c. 17, see official text
2. Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, see official text

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