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A landlord may have a rule that tenants are not
allowed to smoke in the common areas of a residential complex, like
hallways, building entrances, laundry rooms and recreational
facilities.
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A City of Winnipeg by-law prohibits smoking in
elevators in any building.
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Some tenants are more sensitive to smoking fumes
than others. If a tenant believes that smoke from another unit is
filtering into theirs, they should discuss the problem with the
landlord. A landlord may be able to seal the unit more tightly. Or,
the landlord may allow the tenant to move to another unit in the
complex.
If a landlord can’t resolve the problem, a tenant
may want to move because of a risk to their health. If a tenant
chooses to move and the landlord loses rent, the landlord may decide
to file a claim for compensation. Before moving, a tenant may want
to consider giving the landlord information from a doctor to support
their claim of the risk to their personal health.
When a tenant smokes, there may be a build-up of
tar residue on the walls and ceiling. If a landlord plans to paint a
rental unit during a tenancy, it’s not unreasonable for the landlord
to ask the tenant to wash the walls and ceiling to prepare them for
painting. At the end of a tenancy, it’s not unreasonable for the
landlord to expect that the tenant leave the walls and ceiling in
reasonably clean condition.
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