No Smoking: The Dwelling Includes the Backyard and Balconies

Tenants have breached their lease by smoking in the backyard even though the lease stipulated that smoking is not permitted in the dwelling and its common areas. Many jurisdictions have held that the backyard and balconies are part to the dwelling and therefore an integral part of the lease and its terms. The Tribunal ordered the tenants to cease smoking on the balconies or the backyard of the building while paying the landlord's legal and notification costs.