Part 18 published on 01/05/07
Landlord’s rule prohibiting smoking found to be reasonable and enforceable
A Manitoba Residential Tenancies Officer considered whether or not a landlord’s rule prohibiting smoking complied with the requirements of the Manitoba Residential Tenancies Act.
The Residential Tenancies Officer held that the rule was properly designed to promote safety, comfort or welfare of persons working or residing in the residential complex, in that it was designed to prevent various ill-effects and risks of smoking and second-hand smoke. The Residential Tenancies Officer also said that the rule was fair because it did not require that existing tenants stop smoking. [Existing tenants were “grandfathered”.] Furthermore, the rule was very clear, and new tenants would also be fully aware of the new rule before they entered into a tenancy.
The rule was accordingly found to be valid and enforceable under Manitoba’s Residential Tenancies law.
[Editorial comment: Although this is a decision about a “no smoking” rule in the landlord and tenant context, it seems to me that many of the same factors would be considered in relation to such a rule passed by a condominium corporation or strata corporation in many jurisdictions across Canada. Condominium rules prohibiting smoking in the units may soon be put to the test.]