Tenants' Rights Regarding Smoking/Vaping

[stormdog]

So this is actually irrelevant for Miriam and I, but I'd like to think we could have friends over if we had an actual yard to do things in, and it might be relevant then. One of the places we found as we looked at potential rental properties is a house. The landlord is very firm about smoking and vaping:

"No smoking or vaping of any kind nor growing of marijuana is permitted in the house, yards or on the property. NO exceptions. Zero tolerance! This has to be an absolute."

I'm not sure prohibiting smoking or vaping outdoors at a rental property is actually legal in SK or in Canada. It seems like something that could fall under the right to quiet enjoyment. Does anybody know?

ETA: Seems like from what little I was able to find, this is maybe/probably enforceable? That's interesting. I don't actually how I feel about it personally, but it's something we'd want to know.

Another edit: A Facebook friend found this and said it seems to suggest this is enforceable.

https://smokefreehousingon.ca/wp-content/uploads/2015/12/kandlord-guide-aug-2010.pdf

I wrote: Thanks for that. This seems mostly focused on multi-tenant buildings, but it never actually excludes single family detached homes. And this language certainly suggests that a landlord can prohibit smoking/vaping on the entire property:

"As part of your policy you will need to decide if you want a smoke-free buffer zone around doorways, operable windows and air intakes, or if you want the entire property to be no-smoking. "

I'd really want to talk to a tenant's rights group or a lawyer to know with more certainty, but it certainly seems like this *could* be enforceable.

Comments

[armiphlage]

It's enforceable in Ontario.

It's enforceable in Saskatchewan Housing Corporation properties.

For non-government rentals in Saskatchewan, it looks like it has to be part of the written lease agreement, not just a policy on their website (but I'm not a lawyer).

[stormdog]

Thanks for your input! I have respect for your ability to research issues of legalities.

[cmcmck]

Almost certainly enforceable as it's private property- I wouldn't allow smoking or vaping anywhere on ours as other half is asthmatic and I simply loathe it besides.

They probably don't want the place stinking of tobacco and I can understand that.

[stormdog]

I'm 100% in favor of being able to prohibit it indoors. I'm not honestly sure how I feel about being able to prohibit it outdoors when the only people on the property will be the renters and their guests. If there's any solid evidence that doing this exclusively outdoors will cause any issues that wouldn't be caused by, say, people in their backyard next door or walking by on the sidewalk, I'd definitely be in favor.

Since marijuana is sometimes prescribed medically, this also means that a landlord could refuse to rent to someone who is using medical marijuana, or tell them they are not allowed to use it on the property. That seems like a problem to me.

Danae and I have decided not to rent that house anyway. The house is quite small: we could find a larger apartment for less. And as nice as it would be to have a yard and more privacy, I expect heating will be pricier and I'd have to shovel snow and mow grass. I don't miss that.