As you may be aware there aren’t any by-laws on smoking in private residences, however landlords are allowed to include a non-smoking clause in their tenancy agreements. If a tenant does not comply with this provision and it becomes a problem for other tenants your recourse would be to serve the tenant with Form N5 based on the reason that he is interfering with the reasonable enjoyment of other tenants. Once the tenant is served with this notice then the tenant has seven days to correct the situation. If the tenant does not correct the situation you can file an application with the Landlord and Tenant Board to terminate the tenancy. An adjudicator of the Board will then have to decide whether to terminate the tenancy on that basis or give the tenant another opportunity to still correct the situation. In these types of cases it is very important to have the other tenants attend the hearing as witnesses to support your claim.