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Jessica
Consultant
ToLawyer, Expert
Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.
Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.
ToLawyer, Expert
Hi there, is there a lease agreement?
ToLawyer, Expert
Does the lease agreement say anything about smoking (the most recent one you executed)?
ToLawyer, Expert
Does the landlord own the entire building?
ToLawyer, Expert
The landlord might be able to do that if another tenant complaining about health and safety concerns where the smoke is going through into those vents.
This technically may be seen as a change of the lease.
ToLawyer, Expert
I see. This may not be legal, but the landlord may still be able to do an eviction proceeding if your actions (of smoking inside) is compromising the health and safety of the other tenants (i.e., your smoke goign throguh the vents).
ToLawyer, Expert
Yes, he will have to change the lease to non-smoking. This could be an illegal amendment.
ToLawyer, Expert
Correct, it does not matter what the new leases say, as long as you did not sign a new one, your rules are set by the lease you executed.
ToLawyer, Expert
Exactly. once you sign a non-smoking lease, you will be bound by that.
ToLawyer, Expert
You are welcome. Anything else I can help you with today?
ToLawyer, Expert
You are welcome!
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