Toronto, Ontario Canada: My tenant signed a lease that states that there is no smoking allowed inside the apartment

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Customer: Toronto, Ontario Canada:My tenant signed a lease that states that there is no smoking allowed inside the apartment building including stairwells and the entranceway. I even have no smoking signs posted on the walls throughout the building. However, I have a tenant that smokes drugs inside his apartment. There is a strong smell as you climb the stairs leading up to his apartment. Can I issue him a warning or is he allowed to smoke inside his apartment?I also have a tenant who has been living in my building for the last 5 years. Yesterday, I found out that he has two new roommates. One of the roommates moved in a couple of months ago and the other moved in last year. I was never told that they would be moving in. Can I fill out the A2 form and have them evicted? One of the roommates that moved in is the one who is smoking drugs in the apartment. If I can evict the tenant, would I be able to evict all three or just the two new ones who moved in without my approval?
Answered by Debra in 2 hours 2 years ago
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

There are two questions here.

I will answer the first one on this post and then answer the next on a new post when we are done.

Is that OK?

If so are others complaining about the smoke?

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Debra, Expert

There is one other issue. I just noticed that you have never rated any of my answers. I have worked for free for each question so far.

If this is a misunderstanding please let me know and please go and rate each one now. If this is deliberate in that you are not happy with all those answers I will opt out and once and let someone else step in.

Thanks

Customer
Sorry, I wasn't aware that I had to rate your answers each time. I am new to this site and am still learning how it works. I also wasn't aware that I need to start a new feed each time.I just wanted to give you a bit of background information about my situation. My dad owns this apartment building for the last 30 years. He has been diagnosed with cancer and so now I am taking over managing the building. I don't have a clue as to what I am doing; hence I keep emailing a whole list of questions...I hope you don't mind. I am learning about Landlord-Tenant rights as I go along. I will probably keep emailing you every so often as new issues come up. If I forget to start a new feed or to rate your answers, I apologize.Going back to your question, no the other tenants are not complaining. My father has a few tenants who smoke drugs and deal drugs so I am trying to figure out how I can clean house and have them evicted the right way.
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Debra, Expert

I understand and I am happy to be a constant source of legal answers for you.

But can you first go back and rate the other answers right now?

The reason why is that the more unrated answers I have (aside from not getting paid for any of them) is that my stats get badly harmed. This is my only source of income now because I am retired and so I need to maintain a strong standing on the site.

As soon as you've rate them all come back to this post and let me know and I will answer you.

Thanks!

Customer
I have already gone through all of my questions and have rated your responses.
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Debra, Expert

Great!

You cannot evict this tenant for breaching the provision of the lease that says he cannot smoke.

You can evict him if he is harming your property or if he is disturbing others. So if there are complaints of second hand smoke you would warn him to stop formally and then if he doesn't you could seek to evict him.

Here are the forms to use:

http://www.sjto.gov.on.ca/ltb/forms/#landlord-forms

Use N5 and and if necessary L2.

The A2 is for when the tenant moves out and lets someone else live there instead. It's about transferring the tenancy.

In Ontario it is legal for tenants to have roommates unless doing so causes overcrowding.

Does that help?

Customer
I thought there was a rule that I read in the tenancy act that says if a tenant has a roommate move in without your knowledge and approval first, you have 60 days from the time of finding out, to evict them. I guess that's something different?
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