A landlord can give a notice to a tenant for interfering with the reasonable enjoyment of the landlord, if the landlord resides on the residential premises, and/or of the tenants if the tenants have complained about the smoke. If damage is associated with the smoking, you should get an estimate for the cost of repairs and incorporate this reason into your notice. The same notice, which is the Form N5, can be given for both reasons. You can then ask for compensation for the damage in the same application. It takes normally three to four weeks to schedule a hearing at the Landlord and Tenant Board. You can represent yourself at the Board but, depending on the case, it may be a good idea to obtain legal representation. This is one of those issues that is not that straight forward and Board decisions have varied based on this issue.