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Smoke-free Living |
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In 2006, only 27% of Toronto's housing structures were single detached homes. That means that approximately 72% of Toronto's housing is multi-unit dwellings.
A multi-unit dwelling is any type of building that contains more than one residential unit. Semi-detached houses, row or town houses, apartment buildings and condominiums are examples of multi-unit dwellings.
According to an Ipsos Reid survey conducted in Ontario in 2006, almost half (46%) of Ontario multi-unit dwellers had tobacco smoke enter their units from somewhere else in the building. Tobacco smoke infiltrated their units from hallways, windows, shared ventilation, air leaks and bathroom and ceiling fans. A majority (64%) of people surveyed indicated they would prefer to live in a smoke-free building.
How does second-hand smoke infiltrate from one unit to another?
Tobacco smoke can easily enter units through open windows or doors, including from a neighbour's patio or balcony, or from outdoor common areas. But in many cases the smoke can seep through other openings as well.
The smoke can be quite invasive and enter through openings at electrical outlets, cable or phone jacks, water or gas pipes and ceiling light fixtures. Any cracks or gaps in floors, walls or ceilings can also permit tobacco smoke to infiltrate the unit. Some multi-unit dwellings share heating and ventilation systems that actually force the tobacco smoke from one unit into another.
Information for tenants
If you live in a rental building that allows smoking in the units, and smoke is entering your home, you do have some options.
While there is no law in Ontario that prohibits smoking in private residences, there are laws that may be of help to you. If there are problems such as damaged walls, ceilings or floors or a ventilation system that is not working properly which permits smoke to enter your unit, there are Municipal Standards by-laws in place to help.
Under the Residential Tenancy Act, tenants have the right to quiet enjoyment (or reasonable enjoyment) of their home. This includes the right to be free from being disturbed by other tenants. While the Act does not mention second-hand smoke, you may be able to prove that the smoke entering your unit is harming your health and well being, and therefore the loss of reasonable enjoyment of your home.
What steps can I take to solve this problem?
- Talk to your neighbour about the drifting smoke and try to work out a solution. Your neighbour may not be aware that the smoke is a problem.
- Keep a record of the dates and times that the smoke was a problem, as well as your efforts to solve the problem.
- Talk to other neighbours and seek their support. You are likely not the only person with unwanted smoke.
- Contact your tenant association, co-op or condominium board to inform them about the issue. They are likely to have resources to educate and inform tenants, organize tenants and lobby for tenants' rights. The more they are aware of second-hand smoke as an issue, the better prepared they'll be to address the problem.
- You may consider contacting a community legal clinic to address the matter.
What can my landlord do to solve the problem?
- Landlords in rental properties must act on all reasonable complaints from tenants. If the landlord fails to act, there may be grounds for a breach of reasonable enjoyment, if there is proof that the landlord was aware of the problem and failed to take steps to address it.
- The landlord can make repairs or changes to the building such as sealing cracks, weather stripping doors, and upgrading ventilation systems.
- If the problem does not stop, the landlord can consider evicting the tenant(s) who smoke if their smoking is seriously harming the health, well being and enjoyment of other tenants.
- Your landlord can consider making part or all of the building smoke-free.
Information for landlords
Landlords in Ontario have the right to ban smoking in all or part of a building, including indoor units and outdoor patios and balconies. While they cannot change current tenancy agreements, landlords can include a non-smoking clause in new agreements. As well, as tenants who smoke move out, these units can then be rented as smoke-free units.
What can you do to solve the problem?
- Landlords in rental properties must act on all reasonable complaints from tenants. If the landlord fails to act, there may be grounds for a breach of reasonable enjoyment, if there is proof that the landlord was aware of the problem and failed to take steps to address it.
- Landlords can make repairs or changes to the building such as sealing cracks, weather stripping doors, and upgrading ventilation systems.
- If the problem does not stop, the landlord can consider evicting the tenant(s) who smoke if their smoking is seriously harming the health, well being and enjoyment of other tenants.
- The landlord can think about making part or all of the building smoke-free.
Last updated October 2011
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