My Rental Unit

Do landlords have the right to refuse smokers?

Cigarette smoke can affect the health and enjoyment of other tenants if you have a multi-unit property. It can also get expensive for landlords when we need to prepare a unit for new tenants. Years of smoke can hang in the fibres of your flooring, it will yellow walls and ceilings, which will cost plenty to replace and paint. Many landlords feel frustration due to tenants smoking in their units, but can anything be done to curb it. 

The Residential Tenancies Act (RTA) does not address smoking. You can however put a clause in your lease stating smoking is not allowed in the unit. But who’s to say that your renters will adhere to this stipulation in the lease? Certainly, scheduled visits to the unit may show signs of an indoor smoker. How do you get him or her to stop and what can you do if they won’t?


Even though you have stated there is no smoking in the unit you can only evict a tenant if you can prove he/she is causing serious interference with another tenant. This can be quite difficult, a common nuisance isn't quite enough. If there is an allergy you may have an easier time getting the board to agree to an intervention. Witnesses are a good way to prove your case and stop it from being a matter of your word against theirs. I recommend keeping documentation that you have addressed the issue with the tenants and asked them to stop.

If however your rental unit is a single family home you are in for a difficult time. There are no grounds to evict so what actions can be taken? Taking your case civilly may be your only route left. If you have ever had to paint, you know doing an entire house can be expensive and time consuming. If your tenant is already leaving you may want to cut your losses and move on from there. If you feel there is significant work to be done to the unit and you had an agreement with the tenant to cover those damages due to smoking, then it may be worth your while. Your tenant’s ability to pay should be taken into consideration. As the saying goes “you can’t get blood from a stone” and it may be just further aggravation to yourself.

As with all advice given here, it should be considered opinion based and legal counsel should always be sought before proceeding.

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