Can a landlord include a no-smoking clause in the lease?
Yes.
If there is a no pets and no smoking clause written in the lease and the landlord finds out that the tenant has a pet and/or is smoking in the unit, can the landlord legally evict the tenant?
A landlord has every right to evict a tenant who knowingly violated a no pets policy, but first the landlord must give the tenant a written warning. If the tenant fails to remove the pet, the landlord can give the tenant a breach of tenancy agreement notification. If a pet causes damage to the property or disturbs other tenants, the landlord can also give the tenant a warning followed by a notice to move.
When it comes to smoking, the landlord can give the tenant a warning followed by a notice of termination if they do not stop. The tenant can, however, challenge the landlord’s notice and request the Branch to determine whether or not the landlord’s ruling was reasonable and valid.
Smoking in common areas is against the law, and includes areas like elevators, hallways, recreational facilities and laundry rooms. If a tenant smoked in any of the previously mentioned areas, the landlord has the right to give the tenant a warning followed by a notice for breach of a reasonable rule.
