Smoking and Cannabis Clauses in an Ontario Lease

Yes, in the unit and on your property, if you agree the rule with the tenant in the lease. The Residential Tenancies Act, 2006 says nothing about smoking inside a rental unit. The standard lease fills the gap: section 10 lets a landlord and tenant agree on smoking rules for the unit or the property.

Smoking in indoor common areas is different. Under the Smoke-Free Ontario Act, 2017, no one may smoke tobacco, smoke cannabis or use an e-cigarette in an indoor common area of a condominium or apartment building. That covers places like hallways, elevators, parking garages, party rooms, laundry rooms, lobbies and exercise areas. A private, self-contained unit counts as a private dwelling, not a workplace or common area.

So the law handles the shared spaces. Your lease handles the unit. Without a clause, the tenant can generally smoke inside the unit, though you still have remedies if the smoking causes harm, covered below.

The clean way to ban smoking is to write it in before the tenant signs. Here is the order.

1. Use the right section. In section 10 of the standard lease (Form 2229E), choose "Smoking rules" instead of "None", then write the rules in the space. See our guide to Ontario landlord forms.
2. Name what is covered. Say tobacco, cannabis and vaping or e-cigarettes. A rule that only says "smoking" leaves room for argument about vaping.
3. Name where it applies. The unit, and any part of the property you want covered. The lease allows rules for the unit, the property, or both.
4. Cover growing. If you do not want cannabis plants, say so (see below).
5. Add condo rules if they apply. The lease can require the tenant to follow the condominium declaration, by-laws and rules.
6. Give a signed copy within 21 days.

Here is sample wording in plain language:

The tenant and their guests will not smoke or vape tobacco, cannabis or any other substance inside the unit, and will not grow cannabis plants in the unit.

Adjust it to your property. Extra terms in a standard lease are allowed only when they do not conflict with the form's mandatory terms (O. Reg. 9/18). A clause that matches section 10 does not conflict.

You cannot simply announce a smoking ban to a current tenant. The standard lease says that after it is signed, it can be changed only if the landlord and tenant agree to the changes in writing. This is a reading of the lease's change clause, not a smoking-specific rule, and it matches how the Act treats lease terms generally.

Renewal does not change that. When a fixed term ends and nothing new is signed, the tenancy continues month to month on the same terms (section 38). The tenant does not have to sign a new lease to stay, and refusing to sign one is not a ground to end the tenancy.

If you want a ban, ask the tenant to sign a written amendment. If the tenant says no, the existing lease stays in force. For lease changes and renewals, see the tenant-side Ontario lease agreement basics.

Adults 19 and over may use recreational cannabis in Ontario (Ontario cannabis laws). The Government of Ontario lists private residences as places where cannabis may be smoked or vaped, but not indoor common areas of condos and apartment buildings.

Growing is limited. A resident may grow up to four cannabis plants per residence, not per person, if, among other conditions, growing is not forbidden by the lease or condo rules. That sentence matters for landlords: if you do not want plants, say so in the lease.

Condo rules also bind tenants. The Condominium Act, 1998 requires an occupier of a unit to comply with the declaration, by-laws and rules (Condominium Act, 1998, section 119). If you rent a condo unit, read the declaration for smoking and growing rules, and see the Ontario condo rental rules.

The lease reminds landlords that in making and enforcing smoking rules, they must follow the Ontario Human Rights Code. The Ontario Human Rights Commission says landlords may be asked to accommodate tenants whose disabilities are worsened by second-hand smoke. It also says a housing provider may have little or no duty to accommodate a tenant's need to smoke when doing so would amount to undue hardship. Case law is divided on whether nicotine addiction is a disability.

In practice, apply the rule evenly, and treat a request from a tenant about a health condition seriously and in writing. If a case turns on a disability, take advice before you serve a notice.

You can act whether or not the lease has a smoking clause, because the Act covers harm from smoking. The standard lease notes that even if the lease does not prohibit smoking, a landlord may apply to the LTB to end the tenancy if the smoking substantially interferes with the reasonable enjoyment of the landlord or other tenants, causes undue damage, impairs safety, or interferes with another lawful right of the landlord.

1. Record it. Dates, times, complaints from other tenants, photos of damage.
2. Write to the tenant. Point to the lease clause and ask them to stop.
3. Serve the right notice. Form N5 is used for interfering with others and for damage. The first notice gives at least 20 days, and it is void if the tenant stops the conduct, or corrects the problem, within 7 days (section 64).
4. If it happens again. If the problem recurs within 6 months, a further notice of at least 14 days may be given (section 68).
5. Know the faster notices. Where the landlord lives in a building of no more than three units, a 10-day notice applies for substantial interference (section 65). Form N7 is a 10-day notice that cannot be voided. Whether smoking meets its grounds is for the LTB to decide.
6. Apply to the LTB if the tenant stays. A notice alone does not end the tenancy.

See the Ask page on what to do if a tenant violates the lease.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.