Tenants' Rights Regarding Smoking/Vaping
Jul. 5th, 2022 02:53 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
stormdogSo 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.
"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.
