How to Add a No-Smoking Clause to an Ontario Lease (The Right Way)
Smoke damage is one of the most expensive problems a residential landlord can face. Remediation — including deep cleaning, ozone treatment, repainting, replacing subfloor materials, and HVAC decontamination — can easily run $5,000 to $15,000 or more in a standard unit. The frustrating part: most landlords don’t realize their lease did almost nothing to protect them until the tenant has already moved out.
Form 2229E, Ontario’s mandatory standard lease, contains a smoking checkbox. That checkbox is not a clause. This article explains exactly what it takes to make a smoking restriction actually enforceable at the Landlord and Tenant Board (LTB).
Why Form 2229E Doesn’t Protect You on Smoking
One of the most significant gaps in Form 2229E is its treatment of smoking. Section 8 of the standard lease asks whether smoking is permitted in the unit, with three options: smoking is permitted everywhere, smoking is permitted in specified areas, or smoking is not permitted anywhere. That’s the full scope of the form’s smoking provisions.
There is no definition of what “smoking” includes. There is no reference to cannabis, vaping, or cigars. There is no description of which parts of the property the restriction applies to — the unit, the balcony, shared hallways, the parking area. There are no stated consequences for violation. And crucially, there is no language connecting a breach of the smoking restriction to any remedy the landlord can pursue.
Checking the “no smoking” box tells a tenant smoking is not allowed. It does nothing to establish what happens if they do it anyway, and it gives the LTB very little to work with if you’re asking for compensation.
Can Ontario Landlords Legally Ban Smoking?
Yes — with one important clarification about cannabis.
Tobacco smoking and vaping can be prohibited outright in a rental unit. Smoking is not a protected characteristic under the Ontario Human Rights Code, so a complete ban does not raise human rights concerns.
Cannabis is slightly more nuanced. Under Ontario’s Residential Tenancies Act, 2006 (RTA), as amended following federal cannabis legalization, landlords can prohibit cannabis smoking and vaping in a rental unit — but only if that restriction is explicitly included in the written lease. Section 12.2 of the RTA specifically permits lease provisions that restrict or prohibit the use of cannabis in the rental unit or on the residential complex. However, a tenant who uses cannabis for medical purposes may be entitled to accommodations under the Human Rights Code. If a tenant raises a medical cannabis need, consult with a legal professional before proceeding with enforcement.
The practical takeaway: your no-smoking clause should specify both tobacco and cannabis, should address smoking and vaping as separate defined behaviors, and should note that the restriction applies to the unit, balcony, and any common or outdoor areas attached to the property. Doing it right in the lease is far better than navigating a human rights argument mid-tenancy.
What Your No-Smoking Clause Actually Needs to Say
A checklist approach is the clearest way to draft a clause that holds up. An enforceable no-smoking provision should address each of the following:
1. Define “smoking” explicitly.
The clause should state that “smoking” includes the use of cigarettes, cigars, pipes, cannabis, e-cigarettes, vaporizers, and any other device or substance that produces smoke or vapour — whether combustible or electronic. If it isn’t defined, a tenant will argue that their vape pen isn’t “smoking.”
2. Specify the scope of the restriction.
The clause should apply to the interior of the unit, the balcony or patio if applicable, common areas of the building, and any outdoor areas within a specified distance of the entrance (5 metres is a common standard). If you own a house with a yard, include the yard.
3. State that smoking is a material term of the lease.
The clause should explicitly note that smoking in violation of this provision constitutes a material breach of the tenancy agreement. This language connects the restriction to the LTB’s framework for issuing an N5 notice.
4. Assign liability for remediation costs.
The tenant should acknowledge in writing that smoke damage is not normal wear and tear, that tobacco and cannabis residue causes material damage to surfaces, HVAC systems, and finishes, and that the tenant accepts financial responsibility for any professional remediation costs incurred if smoking occurs in violation of the clause.
5. Reference the Section 15 attachment.
The smoking clause should be part of a signed addendum attached under Section 15 of Form 2229E — not an informal note or a separate document handed over after the lease is signed. Both documents need to be executed together at lease signing.
The Ontario Landlord Protection Addendum + Kit includes a professionally drafted no-smoking provision that covers all of the above, with language designed to support an LTB application if the clause is violated.
What Happens When a Tenant Smokes Anyway
You’ve got a signed no-smoking clause and you’ve discovered the tenant is smoking in the unit. Here’s how to respond within the RTA framework.
Serve an N5 Notice
An N5 (Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding) can be served for wilful or negligent damage to a rental unit, or for substantially interfering with the lawful enjoyment of the landlord or other tenants. Persistent smoking in a non-smoking unit — especially where it causes damage or odour that affects other units — fits within this scope.
A first N5 is a voidable notice: the tenant has 7 days to stop the behavior. If they do and maintain compliance for the 6 months following the notice, the N5 is voided and cannot be relied upon at the LTB. If the tenant continues smoking after the 7-day window, you can apply to the LTB using an L2 application.
If the tenant stops temporarily and then resumes within 6 months, you can serve a second N5, which is non-voidable. The tenant does not get a remedy period on the second notice, and you can proceed directly to an L2 application.
Don’t Rely on a Single Warning
Document every instance. Send a written notice (email with read receipt, or delivered letter) each time you detect evidence of smoking. Keep copies. The LTB will want to see that you raised the issue clearly and gave the tenant an opportunity to comply before you filed.
How to Document Smoking Damage for an LTB Application
If the tenancy ends and the unit has smoke damage, your path to compensation is an L10 application (Application to Collect Money a Former Tenant Owes), which must be filed within one year of the tenancy ending. The strength of your case depends entirely on your documentation.
Before-and-After Comparison
Your move-in inspection report with dated photographs is the baseline. If those photos show clean walls, unstained ceilings, and clear HVAC filters — and the move-out shows yellow residue, stained surfaces, and smoke odour — you have a before-and-after comparison an adjudicator can evaluate. If you skipped the move-in inspection, your case becomes significantly harder. This is why a signed condition report at the start of every tenancy is non-negotiable, and it’s directly connected to the documentation needed at the LTB.
Professional Assessments and Remediation Quotes
Get at least two written quotes from professional cleaning and restoration companies. Ask each quote to itemize what is being remediated and why — ozone treatment, repainting, replacing flooring underlayment, HVAC filter replacement and duct cleaning. An LTB adjudicator will want to see that costs are reasonable and directly tied to the damage caused.
If you’ve already completed remediation, keep every invoice and payment receipt. Paid invoices are stronger evidence than quotes.
Document the Clause Violation Itself
If you served N5 notices during the tenancy, include copies with proof of delivery in your LTB application package. If you have text messages, emails, or written complaints from neighbors referencing the smell, those are supporting evidence. Photos taken during the tenancy (taken during a properly noticed entry — see proper entry notice protocols) showing ashtrays, burns, or visible smoke residue are directly relevant.
Smoke damage is not normal wear and tear under Ontario law. Painting to refresh a unit after years of occupancy is wear and tear. Repainting every surface because nicotine has stained the walls yellow is damage. That distinction is worth making explicitly in your LTB application.
Frequently Asked Questions
Can I refuse to rent to a smoker at the application stage?
Yes. You are not required to rent to any particular applicant, and smoking is not a protected ground under the Human Rights Code. If you have a firm no-smoking policy, include it in your rental listing and confirm it with every prospective tenant during screening. Using a consistent tenant screening checklist ensures you apply your standards evenly across applicants.
Does a no-smoking clause apply to the balcony?
Only if your clause explicitly says so. The clause in your addendum needs to name every area of the property the restriction applies to. If your clause only says “the rental unit,” a tenant smoking exclusively on their balcony may argue they are complying.
What if my tenant has a medical cannabis prescription?
A tenant with a documented medical need for cannabis may be entitled to accommodation under the Human Rights Code. This doesn’t automatically override your no-smoking clause — the accommodation obligation may be satisfied through non-smoking methods of consumption such as edibles or capsules. If a tenant raises medical cannabis as a defence, consult a legal professional before taking enforcement steps.
Can I include a specific damage deposit for smoke remediation?
No. Ontario law prohibits any deposit beyond the last month’s rent deposit. You cannot collect a separate damage deposit, pet deposit, or smoke remediation fund. Your protection comes from a well-drafted clause establishing tenant liability — not from holding money upfront.
My tenant smoked and moved out. Can I still go to the LTB?
Yes — you have one year from the date the tenancy ended to file an L10 application for compensation. File promptly. The longer you wait, the harder it becomes to establish a clear connection between the tenancy and the damage.
Smoke damage is avoidable — not at the remediation stage, but at the lease-signing stage. A checkbox on Form 2229E won’t get you remediation costs at the LTB. A clause with clear definitions, explicit scope, stated consequences, and tenant acknowledgment of liability will. The Ontario Landlord Protection Addendum + Kit includes this clause as part of a complete Section 15 addendum package, so you have the right language in place before the keys go out the door.
This article is for informational purposes only and does not constitute legal advice.
