Real Estate

Does no smoking include marijuana on lease agreement??

  • Last Updated:
  • Jan 8th, 2019 9:50 am
[OP]
Member
May 27, 2013
378 posts
26 upvotes

Does no smoking include marijuana on lease agreement??

Or must it specify no marijuana??
19 replies
Sr. Member
Jan 12, 2017
742 posts
318 upvotes
Not if you're not smoking it. Basic comprehension is at an all time low these days.... wow.
wantboost1 wrote: Or must it specify no marijuana??
Banned
Nov 18, 2014
824 posts
769 upvotes
Toronto, ON
They aren’t valid/enforceable in any way so smoke as you want. The only exception is if you live in the same dwelling as other people, then you can be evicted for disturbing their reasonable enjoyment.

Same thing as pets
Deal Fanatic
Jul 3, 2011
5499 posts
2652 upvotes
Thornhill
wantboost1 wrote: Or must it specify no marijuana??
Its meaning depends on your provinces tenancy and smoking laws and the human rights code as to whether or not tenants have the right to smoke. Additionally it would be difficult for a tenant to argue that no smoking only applies to tobacco but for both landlord and tenant it's always best to spell it out so that there's no misunderstanding.
rkanwar109 wrote: They aren’t valid/enforceable in any way so smoke as you want. The only exception is if you live in the same dwelling as other people, then you can be evicted for disturbing their reasonable enjoyment.

Same thing as pets
You should stop giving out bad advice to tenants, it's always incorrect. In Ontario smoking is not a protected right it is banned in all common and landlords may require a no smoking rule within their rental units.
Banned
Aug 3, 2005
1235 posts
1162 upvotes
Just vape. 0% chance anyone ever finds out....dry herb (little to no smell) or oil vapes (literally ZERO smell) will both work.
Deal Fanatic
User avatar
Sep 8, 2007
7925 posts
7888 upvotes
Way Out of GTA
It's funny to see the "Always Renters 4 Life" crew giving out false and terrible advice here. And to boot they give out advice that will hurt their own day to day living in their pot smoke filled hallways of their rentals.

Enjoy 2019 with additional rent increases and pot smoke filling your kids lungs I guess.
"It is in times of great fear or greed that the most opportunity exists."
Deal Guru
User avatar
Mar 23, 2008
10349 posts
6615 upvotes
Edmonton
licenced wrote: Its meaning depends on your provinces tenancy and smoking laws and the human rights code as to whether or not tenants have the right to smoke. Additionally it would be difficult for a tenant to argue that no smoking only applies to tobacco but for both landlord and tenant it's always best to spell it out so that there's no misunderstanding.

You should stop giving out bad advice to tenants, it's always incorrect. In Ontario smoking is not a protected right it is banned in all common and landlords may require a no smoking rule within their rental units.
Out of curiousity, do you know how the rules apply if someone has a medicinal cannabis prescription?

C
Deal Fanatic
Jul 3, 2011
5499 posts
2652 upvotes
Thornhill
CNeufeld wrote: Out of curiousity, do you know how the rules apply if someone has a medicinal cannabis prescription?

C
It hasn't been tested under Human Rights yet which is only a matter of time but until then...

Federal law defers prohibitions to the province, territories and municipalites
https://www.canada.ca/en/services/healt ... ns.html#a2

Federal law speaks to protections for those approved for medical cannabis to grow and keep it in their home but not about protections for consuming it
https://www.canada.ca/en/health-canada/ ... nabis.html

Ontario provides for using medical cannabis in private (rentals may be subject to by-law or lease restrictions as noted) residences and controlled areas only.
In addition, the Ontario Smoke Free Act sets out the spaces and areas where smoking is banned and second-hand medical cannabis smoke is included.
https://www.ontario.ca/page/cannabis-legalization
https://www.ontario.ca/page/where-you-c ... #section-0


Section 10 of the lease agreement allows for smoking restrictions but does not address medical cannabis usage, howver, because the federal act limits possession by person landlords must be careful to not allow multiple tenants to violate the dwelling possession or second-hand smoke rules.
http://www.forms.ssb.gov.on.ca/mbs/ssb/ ... =047-2229E
Deal Fanatic
User avatar
Jun 26, 2005
9728 posts
1705 upvotes
Toronto
licenced wrote: It hasn't been tested under Human Rights yet which is only a matter of time but until then...

Federal law defers prohibitions to the province, territories and municipalites
https://www.canada.ca/en/services/healt ... ns.html#a2

Federal law speaks to protections for those approved for medical cannabis to grow and keep it in their home but not about protections for consuming it
https://www.canada.ca/en/health-canada/ ... nabis.html

Ontario provides for using medical cannabis in private (rentals may be subject to by-law or lease restrictions as noted) residences and controlled areas only.
In addition, the Ontario Smoke Free Act sets out the spaces and areas where smoking is banned and second-hand medical cannabis smoke is included.
https://www.ontario.ca/page/cannabis-legalization
https://www.ontario.ca/page/where-you-c ... #section-0


Section 10 of the lease agreement allows for smoking restrictions but does not address medical cannabis usage, howver, because the federal act limits possession by person landlords must be careful to not allow multiple tenants to violate the dwelling possession or second-hand smoke rules.
http://www.forms.ssb.gov.on.ca/mbs/ssb/ ... =047-2229E
I found it very surprising the form has the option of NO smoking is allowed. In non-common areas. Eg. The suite itself

If a condo allows smoking inside the suite, a landlord cannot legally say not in my suite 405. That's easily challenged in court. Just like pets.

What reasons legally can this form prevent a tenant from smoking a cigarette inside a rental unit??
Deal Fanatic
Jul 3, 2011
5499 posts
2652 upvotes
Thornhill
rfdrfd wrote: I found it very surprising the form has the option of NO smoking is allowed. In non-common areas. Eg. The suite itself
That's probably because there's a lot of misinformation floating around the net. No smoking wasn't tested until about 8-10 years ago and the tenant lost because it's not a protected right. It's just that smoking was still very much the norm so most people presumed they had the right.
If a condo allows smoking inside the suite, a landlord cannot legally say not in my suite 405. That's easily challenged in court. Just like pets.
This is not correct either. A condominium building may allow smoking by not having a by-law, rule or declaration clause disallowing same or they may even state that smoking is allowed within the building but they cannot overrule a landlord's right to ban smoking within their suite or overrule the precedents set the courts banning smoking because it interferes with the quiet enjoyment of other residents. In fact, that's exactly why condos must now do what is necessary to curb second-hand smoke if someone complains because the courts ruled on that decades ago.

Simply by agreeing in the lease that they will not smoke is legally binding.

There is no constitutionally protected or human right protecting smoking and when there is no right protections of same cannot be demanded unless previously mutually agreed to.

The right to have pets are protected by Ontario statute except in condominiums where pets are disallowed via the declaration but even condominiums may not ban service animals.Pet bans made via a by-law or rule is challengable in court and the building will lose..
Deal Addict
Dec 15, 2009
1297 posts
452 upvotes
Ontario
CNeufeld wrote:
Out of curiousity, do you know how the rules apply if someone has a medicinal cannabis prescription?

C
Also curious a out this

I suspect there is a human rights case here not so different than the fellow in Ontario who was able to get his insurance company to pay for his medication.
Deal Fanatic
User avatar
Jun 26, 2005
9728 posts
1705 upvotes
Toronto
licenced wrote: That's probably because there's a lot of misinformation floating around the net. No smoking wasn't tested until about 8-10 years ago and the tenant lost because it's not a protected right. It's just that smoking was still very much the norm so most people presumed they had the right.



This is not correct either. A condominium building may allow smoking by not having a by-law, rule or declaration clause disallowing same or they may even state that smoking is allowed within the building but they cannot overrule a landlord's right to ban smoking within their suite or overrule the precedents set the courts banning smoking because it interferes with the quiet enjoyment of other residents. In fact, that's exactly why condos must now do what is necessary to curb second-hand smoke if someone complains because the courts ruled on that decades ago.



There is no constitutionally protected or human right protecting smoking and when there is no right protections of same cannot be demanded unless previously mutually agreed to.

The right to have pets are protected by Ontario statute except in condominiums where pets are disallowed via the declaration but even condominiums may not ban service animals.Pet bans made via a by-law or rule is challengable in court and the building will lose..
There an unlimited amount of things that are not constitutionally protected, but should not legally be in a lease either. So that logic doesn't seem right to me.

I don't know the legal rights as well as you do, but I highly doubt this statement is legally true:

"Simply by agreeing in the lease that they will not smoke is legally binding."

Because if it was, then I can write into a lease, every week, tenant agrees to provide a foot rub to the landlord at landlords location and time of choosing.


if tenant signs this lease, that also becomes legally binding?


I thought this is the main reason why Ontario came up with the new, standardized lease form. To prevent crazy things landlord put into the lease.


And if the activities of the tenant doesn't disturb others , then they are legally not breaking any condo rules. They can smoke, laugh, drink, have sex, etc. They are allowed to enjoy their unit as they wish, without breaking condo rules. Eg. They have the right to smoke. And cook nasty smelling food.

Hence I think the Ontario form is incorrect in having that option of NO smoking allowed.

If that was allowed, I'd also like to put in no cooking smelly food like India curry or Chinese herbal medicine soups.

Top