Skip Navigation
 
311
 
Open mobile menu
Close
Search website Search
 
 
Close Need help?
Need help? Close

How can we help you today?

Need Help Icon

Not here?

Can't find what you are looking for? Try our site search. Search

Smoke-free Housing: Information for Landlords, Tenants and Owners

Breadcrumbs
 

Page Summary

Implementing smoke-free policies in rental properties is legal and beneficial for landlords. It helps protect from second-hand smoke and can reduce turnover.

Did you know?

  • The Ontario Residential Tenancies Act, 2006 does not prevent landlords from adopting smoke-free policies.
  • Implementing a smoke-free policy does not prohibit smokers from renting accommodations.
  • Current tenants who smoke cannot be evicted or forced to quit smoking.
  • Within Section 10 of the Ontario Residential Tenancy Agreement (standard lease) (external link), smoking rules can be made between landlords and tenants to restrict smoking in individual units, balconies, or the entire property.
  • Once implemented, smoke-free policies are typically followed and need little staff time or monitoring.

Information for landlords

Landlords have the legal right to protect their property and make it smoke-free.

It is estimated that up to 100,000 renters per year move because of second-hand smoke. Public demand is growing for market-rate, smoke-free housing.

Adopting a smoke-free policy within your rental property is not only legal, but good for business.

The benefits of smoke-free housing

According to housing providers, it takes time to resolve complaints about exposure to second-hand smoke. By adopting a smoke-free policy, landlords have reported a reduction in the number of second-hand smoke complaints from tenants.

Smoke-free housing policies have clear economic and property protection benefits.

  • Turnover costs for smoker units are roughly 2-3 times higher (about $800 per unit) than smoke-free units.
  • Smoke-free units have higher resale value than smoking units, by up to 29%.
  • Landlords who implement smoke-free policies may be eligible for reduced insurance premiums.
  • Smoke-free units have a much lower risk of fire damage.

Living in a smoke-free property:

  • Reduces your exposure to second-hand smoke.
  • May help you or a family member quit smoking.
  • Reduces your risk for some chronic diseases.
  • Lowers the levels of tobacco toxins and nicotine (than in buildings without a smoke-free policy).

Information for homeowners and tenants

Are you bothered by second-hand smoke in your multi-unit dwelling? The Smoke-Free Ontario Act, 2017 prohibits smoking (tobacco and cannabis) and the use of electronic cigarettes (including those containing medical or recreational cannabis) in common areas of apartment buildings, condominiums, and college and university residences. Smoking and vaping is prohibited in the following areas in multi-unit dwellings:

  • elevators
  • stairwells and hallways
  • parking garages
  • laundry facilities
  • lobbies
  • exercise areas
  • party or entertainment rooms

This legislation does not extend into people's private homes or apartment units. Landlords and condominium corporations are free to set restrictions on smoking in rental agreements, leases, and by-laws.

Property owners and operators are responsible for:

  • giving notice to the residents and visitors that smoking and vaping is prohibited in the indoor common areas of the building
  • posting no-smoking and no-vaping signs: sign at entrances, exits, and washrooms of the indoor common areas, in appropriate locations and in sufficient numbers, to ensure that residents and visitors are aware that smoking and vaping is not allowed
  • ensuring that common areas in the buildings are smoke and vapour-free
  • ensuring that no ashtrays or similar items remain in the indoor common areas
  • ensuring that persons do not smoke or vape in the indoor common areas
  • ensuring that someone who refuses to comply with Ontario’s smoking and vaping laws does not remain in the indoor common area

Halton Region Public Health will carry out inspections and respond to complaints regarding smoking and vaping in the indoor common areas of apartments, condominiums, and university and college residences.

Exposure to second-hand smoke

Second-hand smoke can drift into your unit through:

  • electrical ducts
  • cracks and openings around window, door frames, floorboards, skirting boards and ceilings
  • shared indoor spaces
  • ventilation systems
  • patios/balconies

Exposure to second-hand smoke cannot be stopped with additional ventilation or air purifiers. In fact, these systems can actually distribute second-hand smoke throughout a building. The best way to reduce exposure in your unit is for your building to adopt a smoke-free policy.

Did you know?

Exposure to second-hand smoke:

  • has been linked to many cancers, breathing problems, heart disease, stroke, pregnancy complications, and sudden infant death syndrome.
  • creates the highest risk for children, pregnant women, seniors, people living with chronic health problems, and pets.

What you can do about second-hand smoke in multi-unit housing

Try to determine where the smoke is coming from and how it is entering your unit. If it is smoke from a neighbour, Smoke-Free Housing Ontario (external link) recommends several options:

  • Talk to others to see if they are bothered by the issue as well.
  • Document the problem (external PDF), including:
    • The dates and times that smoke was a problem.
    • Any health effects your family is experiencing.
    • Your efforts to solve the problem.
  • Talk to other neighbours and see if they are also having smoke problems.
  • Contact your landlord, tenant association, co-op, or condominium board about the issue.
  • Landlords in rental properties must act on all reasonable tenant complaints.
  • Advocate or petition (external PDF) to make the building smoke-free.

Learn more at smokefreehousingon.ca (external link) or contact Halton Region Health Department at 311.

Related Events

Bootcamp: Marketing and Sales - May 21, 2025
Bootcamp: Marketing and Sales - November 5, 2025
Bootcamp: Marketing and Sales - August 13, 2025
Bootcamp: Financials 101 - March 26, 2025
Bootcamp: Financials 101 - September 10, 2025
TOP