Can a landlord say no-smoking outside in BC?
BC Residential Tenancy Act The Act does not contain any specific provisions relating to smoking or second-hand smoke. However, the Act does allow a landlord to include a no-smoking clause in all new tenancy agreements to ban smoking in all units, balconies and the entire residential property. It is perfectly legal.
Can you evict a tenant for smoking in BC?
Yes. A landlord can evict a tenant for cause if: the tenant breaches a no-smoking policy; the landlord can show that the tenant has broken a material term of the tenancy agreement (the no-smoking policy); and the tenant failed to comply after receiving written notice of the breach.
Is it legal to ask for no-smoking to tenants?
There Is No Absolute Right to Smoke. Tenants don’t have a universal right to smoke in their rentals. There is no law, either state or federal, that provides people with the freedom to smoke when and where they want.
How do you evict a tenant for smoking?
If you have a signed lease agreement that specifies no smoking is allowed indoors, then you have the right to evict. You must also be able to provide proof though. It can’t just be you think they are smoking. There must be clear evidence presented to prove your case.
Does no smoking include outside?
The law covers all “enclosed” places of employment such as public and private, therefore, patio or outdoor dining facilities may allow smoking. California’s law is one of the most restrictive in the nation, a number of exemptions are allowed (see below).
Can I smoke in rented property?
For the majority of landlords, smoking indoors is a big no-no. In most tenancy agreements, smoking will be prohibited as the damage and issues it can cause are deemed too high. Nonetheless, this doesn’t stop some tenants from flouting the rules and smoking indoors regardless.
What does no smokers mean renting?
You can advertise for a non-smoking tenant and you can include a clause in the tenancy agreement that states that the tenant must not smoke and must not permit any guests to smoke tobacco or any other substance in the property without your written consent.
What does no smoking inside property mean?
If a property declares itself smoke free it generally means, at a minimum, that you will not be permitted to smoke anywhere inside the building, on a balcony or within 3 metres outside of the building. Many properties have more stringent rules and will include all of their grounds as well.
How do you get a resident to stop smoking?
Remind new residents when they move in about the new smokefree policy….Offer resources to current smokers seeking to quit:
- Provide information on state/local resources to help people quit.
- If possible, offer counseling and/or nicotine replacement therapy to residents.
- The American Lung Association has resources to help.
Can you not rent to a smoker?
Because smokers are not a protected class under federal or state law, as a landlord you can refuse to rent to smokers. So, if you are interested in keeping your rental property 100% smoke-free, it is not illegal for you to refuse smoking tenants.