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No-Smoking Clause In Lease Renewal Not Enforceable  XML
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Joined: Dec 03 2006 15:48
Messages: 211

A woman who wants to smoke in her Montreal apartment despite her landlords' objections has won her fight to light up.

The rental board said an application form is not a binding document and tenants can't be held to its specifications.



Joined: Jan 30 2010 19:31
Messages: 7

An interesting article.

Just to clarify, there was no clause about non-smoking in their lease renewal.

The distinction is between rental application form and the lease itself.
If they put a clause in the lease (even if renewal lease), then the clause can enforce.

"But the door is still open for landlords who want to ban smoking by including a clause in their rental lease. No one has challenged a no-smoking lease clause at the Quebec Rental Board."

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