Ontario smoking rules for rental units depend on provincial law and the terms of your tenancy agreement. Whether you smoke or are dealing with secondhand smoke, understanding the rules can help you protect your health, follow your lease, and respond to disputes.
Who Sets Smoking Policies in Ontario Rentals?
Both Ontario law and individual landlords can affect smoking rules in rental buildings. The Residential Tenancies Act, 2006 (RTA) provides a legal framework, while landlords can include reasonable no-smoking terms in lease agreements[1].
Provincial Laws: What’s Prohibited?
- Tobacco smoking: The Smoke-Free Ontario Act, 2017 bans smoking in indoor common areas of rental buildings with two or more units. Examples include lobbies, hallways, stairwells, elevators, laundry rooms, and garages[2].
- Cannabis: Cannabis smoking and vaping are also not allowed in indoor common areas. A landlord can restrict cannabis smoking in an individual unit through the lease.
- Individual units: Ontario has no provincial ban on smoking inside an individual apartment or rental home unless the lease prohibits it.
In short, smoking is not allowed in indoor common areas, while smoking inside your unit is permitted unless your tenancy agreement says otherwise.
Landlord Policies: How Are They Enforced?
A landlord can include a no-smoking clause in a tenancy agreement. Once both parties agree to and sign that term, it is binding. If your lease does not address smoking, or if it was signed before a proposed restriction, a landlord cannot normally add the restriction without your agreement unless an applicable law overrides the lease.
- No-smoking rules should be included in the signed agreement or added with mutual consent.
- A landlord cannot change a current tenant’s lease alone to add a new smoking restriction.
- For a new tenancy, a landlord can include no-smoking terms when advertising or signing the lease.
Health, Safety, and Neighbour Disputes
Secondhand smoke can affect your health and your enjoyment of your rental home. If smoke from another unit enters your unit or bothers you in a common area:
- Record when and where the smoke enters your space.
- Report the problem to your landlord or building manager in writing.
- If smoke affects your health or the safety of your home, the issue may involve health or safety protections under Ontario law.
For more information about tenant health and safety protections, see Health and Safety Issues Every Tenant Should Know When Renting.
What if the Lease Says 'No Smoking'?
If your written lease says no smoking, breaking that term can lead to a warning or formal notice. In serious cases, continued smoking may contribute to eviction proceedings if it disturbs others or causes damage.
- You may first receive a written complaint or warning.
- If the conduct 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): This form may be used when smoking disturbs neighbours or damages property. If you stop within the notice period of 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 need accommodation, such as an inability to tolerate smoke because of a respiratory issue, tell your landlord 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 doing so.
- Document each incident, including dates, times, effects, and photos if possible.
- Notify your landlord in writing and keep a copy of your message.
- If the problem continues and the landlord does not resolve it, apply to the LTB with Form T2: Application about Tenant Rights. More information is available on the LTB's official forms page.
If you are moving into a new rental, ask about smoking policies before signing. For practical moving advice, visit Essential Tips for Tenants When Moving Into a New Rental Home.
To explore smoke-free rental listings, Find rental homes across Canada on Houseme. Many listings include information about smoking restrictions.
Relevant Legislation and Where to Get Help
For a broader explanation of tenant and landlord responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ: Smoking in Ontario Rental Units
- Can a landlord ban smoking in my apartment?
Yes, if the lease you signed includes a no-smoking clause. If the lease is silent, a landlord cannot normally add a new smoking restriction during the tenancy without your agreement. - What can I do if my neighbour's smoking affects my health?
Document the smoke and its effects, contact your landlord in writing, and keep your records. If the issue is not resolved, you may file a T2 application with the Landlord and Tenant Board. - Is cannabis smoking treated differently from tobacco in Ontario rentals?
No. Cannabis and tobacco smoking are both restricted in indoor common areas, and smoking in an individual unit can be restricted by the lease.
Summary: Key Takeaways for Ontario Tenants
- Smoking is banned in shared indoor spaces, but it is not automatically banned inside a rental unit unless the lease says so.
- Review the lease and confirm smoking rules before signing.
- If secondhand smoke affects your health or enjoyment of your home, document it, notify the landlord in writing, and consider the available LTB process.
Need Help? Resources for Tenants
- Landlord and Tenant Board (LTB): LTB official website - find information about applications, forms, complaints, and policies.
- Ontario Ministry of Municipal Affairs and Housing: Rental rights and legislation in Ontario
- Tenant advocacy: Contact your local legal clinic through Legal Aid Ontario for advice or support.
- Residential Tenancies Act, 2006, S.O. 2006, c. 17, see official text
- Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, see official text
