Two questions that come up a lot for landlords and tenants alike revolve around rules concerning smoking and pets.  Some developments are OK with small dogs.  Others allow smoking in designated areas.  Others strictly forbid any of the above. The topic has hit the rule books and I’d like to explain to you what the law has to say.  I’ll go ahead and assume you live in Alberta or BC.

Both provinces allow you to refuse rent to tenants who smoke and or have pets so long as it is clearly stated in the lease that smoking and pets are not allowed.  In BC you must specify which types of pets are not permitted. (Eg. cats, dogs, crocodiles.)

Phew.  That was easy.

Of course, the real problem develops when a tenant decides to take up smoking or adopt a crocodile half way through the lease.

You’d think it would be a straight forward issue.  “Of course you can’t!” would be the rational defense of many a Landlord.  But before you as a landlord take action you better know the rules pretty clearly because they may not be what you think.

The rules in Alberta seem to favor the tenant on this issue.  Pets and smoking are NOT prescribed reasons for terminating a lease.  Your lease has to state the ramifications of what will happen IF they get a pet or start smoking.  EG. Your lease must not only state that pets and smoking are not allowed; it must also state that it is grounds for eviction if the conditions are broken.

Yup, if your tenant picks up smoking you can’t just kick ‘em out (UNLESS it states in the lease that such a repercussion will be enforced.) Believe it or not your only recourse is a law suit.  You’ve moved from a Landlord Tenant Act problem to a contract law problem; which means the courts have to get involved. This is, and let me be clear, no fun. 

In British Columbia the Landlord has a bit more of a leg to stand on.  If there is a violation of the lease (in this case smoking or a pet) the Landlord may prepare a Breach Letter; which basically serves as an eviction notice.  They can quit smoking or sell the crocodile or they can get out.