Home> Landlords > How to Guide > Existing Buildings
If you are the owner or property manager of one or more existing residential buildings and want to convert them to smoke-free status, this section will provide you with some useful tips on how to make it happen. Remember that existing tenants must be 'grandfathered'. You will need to ‘phase-in’ the no-smoking policy as existing tenants vacate the premises, and make all future tenancies smoke-free.
Identify where smoking will NOT be permitted in the building, such as inside units, balconies, and outside property. Note:A major source of smoke comes from smoking on balconies.
Identify who the policy applies to: tenants, guests, staff, and service personnel.
OPTIONAL: Designate an outdoor smoking area at least 8 meters (26 feet) away from doors and windows.
Sample No-Smoking Policy for inclusion in Tenancy Agreement:
"It is a material term of this tenancy agreement that smoking in the rental unit, on outdoor balconies or on the entire property is prohibited. "Smoking" for the purposes of this material term, means releasing into the air gases, particles, or vapors as a result of combustion, electrical ignition or vaporization, when the purpose is human inhalation of the by-products. The term 'smoking' includes, but is not limited to, tobacco smoking, smoking using electronic cigarettes, marijuana smoking and crack cocaine smoking."
Step 2: Implement your Policy
Amend your tenancy agreements for all NEW tenancies to include the new policy.
If renewing a fixed term tenancy, ask tenants if they are willing to sign a no-smoking clause. Note: The Residential Tenancy Act does not permit a landlord to change any terms in a tenancy agreement without the tenant’s agreement. This includes fixed term tenancy agreements that are renewed on expiry.
Add a Disclaimer to the lease: The building is transitioning to smoke-free status and until the transition is complete, smoking is still allowed in ‘grandfathered’ units. [Optional]
Request that tenants initial the no-smoking clause.