District of Columbia Eviction Notice for Smoking
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How to fill out Eviction Notice For Smoking?
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FAQ
There has been a ban on smoking in enclosed public spaces and places of work (with some exemptions) since 1 July 2007, when the Health Act 2006 came into force.
No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator.
However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.
Eviction for non-payment of rent In BC, if a tenant misses their rent payment by even a single day, the landlord can serve a 10 Day Eviction Notice for Non-Payment of Rent. For the notice to be valid, it must be on the official government form, and it must include all pages of the form.
A landlord who is notified of a breach of quiet enjoyment due to second-hand smoke must take reasonable steps to ensure that the breach does not continue. Reasonable steps will vary with each case, and can include measures such as: providing alternate accommodation; and evicting the smoking tenant.
If a Tenancy Agreement does not include a no-smoking clause, tenants are allowed to smoke in their units. However, tenants do not have unfettered rights to smoke.
Landlords must comply with the housing code, which covers issues such as safety, sanitation, and ventilation. A tenant can file complaints with the DC Department of Consumer and Regulatory Affairs if they believe the rental unit violates the housing code.
Under the Residential Tenancy Act, a tenant is entitled to quiet enjoyment of their rental unit. This includes the right to reasonable privacy and to be free from unreasonable disturbance. A landlord can't interfere, or let other occupants or employees interfere, with your right to quiet enjoyment of your unit.
