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I am a non-smoker, allergic to smoke. I moved into a lifelease

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I am a non-smoker, allergic to smoke. I moved into a lifelease bldg. that attracted me as it was advertised as non-smoking/no pets. Are grandfather rights regarding smoking legal in Manitoba, or just a pleasant way of appeasing smokers?
Thanks for your attention.

Smoking is not allowed. By law in any common areas of the building, such as a hallway or elevator. A landlord can make a condition of any new lease that it must be non--smoking. But existing tenants are not required to comply with any new policy and can continue to smoke in their own apartments.

You can still complain to the building management if smoke is drifting from one apartment into yours. While they cannot prevent neighbours from smoking, they do have a duty to ensure that your enjoyment and use of the property is not interfere with, just as they would have a duty to stop a tenant that was consistently making loud noise that could be heard from your apartment.

You may also have a chance to back out of your lease, if you were mislead into thinking that the entire building was smoke free and you entered the lease under that misrepresentation. That could be sufficient to allow you to void the lease if you choose.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.

Customer: replied 3 years ago.

My question is "are grandfather rights legal in Manitoba, or just a nicety, LEGAL being the important word?" All the other info you gave me is the same as the information I had previously gathered. Thanks.

Yes, grandfather rights in this situation are legal.
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