If you are renting in Alberta, understanding smoking policies in your rental unit is essential for a comfortable and legal tenancy. Smoking—whether it’s tobacco, cannabis, or vaping—can be a source of concern for both tenants and landlords. Alberta law allows property owners to decide if smoking is allowed in their buildings, but tenants also have important rights and protections. This guide covers the essentials, so you know your rights and obligations.

How Smoking Policies Are Set in Alberta Rentals

In Alberta, there’s no provincial law that universally bans or allows smoking in rental units. Instead, the smoking policy depends on your lease (rental agreement) and any building rules.

• Landlords can set no-smoking rules for their property—including individual units, balconies, patios, and common areas.
• Tenants must follow the policies outlined in their lease or building rules. If smoking is prohibited in the agreement, you legally cannot smoke inside your unit or the specified areas.

Make sure you review your rental agreement and ask questions before signing. For more on general renter responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Types of Smoking Are Covered?

• Tobacco: Most leases specify whether cigarette/cigar smoking is prohibited inside the unit or building.
• Cannabis: Even though cannabis is legal in Canada, landlords can ban its use through the lease agreement.
• Vaping and E-cigarettes: Some agreements now include vaping under no-smoking rules. Always check the wording of your lease.

Relevant Laws and Where to Get Help

Smoking in Alberta rentals is guided by:

• Residential Tenancies Act (RTA): This legislation sets general rules for rental housing in Alberta. It does not address smoking directly but protects tenants from discrimination and ensures peaceful enjoyment of the home. You can access the full text of the Residential Tenancies Act.
• Smoke-Free Places Act (SFP Act): This law relates to smoking in public places and some multi-unit buildings. Read more about the Smoke-Free Places Act.

The official tribunal for rent and tenancy disputes is the Residential Tenancy Dispute Resolution Service (RTDRS) managed by the Alberta government.

What If There Is No Smoking Policy in the Lease?

If your rental agreement is silent about smoking, it is generally allowed inside your private unit, unless it causes substantial disturbances, damage, or violates building insurance. However, you should ask your landlord for clarification and get important rules in writing.

Tenant Rights: What To Do If You Are Affected by Smoke

Second-hand smoke (from tobacco or cannabis) can pose health and safety risks, particularly for those with allergies, asthma, or other concerns. Under Alberta’s Residential Tenancies Act, tenants are entitled to peaceful enjoyment and reasonable safety in their homes. If another tenant’s smoking is affecting your health or damaging your belongings, you have several steps you can take:

1. Document the problem: Keep a record of dates, times, and nature of smoke exposure.
2. Notify the landlord in writing: Explain the issue and ask what steps will be taken to resolve it.
3. Seek support from the RTDRS: If the issue interferes with your enjoyment or health and cannot be resolved directly, you can file an application with the Residential Tenancy Dispute Resolution Service. Learn more about filing an application.

For general safety or health information, visit Health and Safety Issues Every Tenant Should Know When Renting.

Smoking complaints are considered a "nuisance" issue and may fall under common tenancy disputes. Carefully review your lease before taking action.

Relevant Forms and How to Use Them

• Application to RTDRS (Form 1): Use this form if you are filing a dispute regarding your right to peaceful enjoyment, health, repairs, or other tenancy issues caused by smoking. Access the form and instructions on the Alberta RTDRS Application Form page. Example: If your rental unit is affected by persistent second-hand smoke and your landlord has not resolved the problem, you could apply for a remedy through RTDRS using Form 1.

Who Enforces No-Smoking Policies?

Landlords are responsible for enforcing no-smoking policies in rentals. If a tenant smokes where it is not allowed, the landlord may issue warnings or, in some cases, pursue eviction for repeated violations. Always check the penalty clauses in your lease agreement.

For more insight on tenant issues and solutions, consult Common Issues Tenants Face and How to Resolve Them.

Additional Considerations

Both tenants and landlords should be aware of local bylaws or condominium building rules, which may be stricter than provincial law. These rules can apply to common spaces, balconies, or outdoor areas. Policies are usually clearly posted and should be followed in addition to your lease agreement.

Alberta has unique tenancy rules. For details on local laws, see Tenant Rights and Landlord Rights in Alberta. If you’re searching for smoke-free housing, Find rental homes across Canada on Houseme with custom filters for your preference.

Frequently Asked Questions about Smoking in Alberta Rentals

1. Can my landlord ban smoking inside my apartment?
   Yes, if it is written in your lease. Landlords in Alberta have the right to set no-smoking rules as a condition of tenancy.
2. Are there different rules for smoking tobacco and cannabis?
   Both can be restricted in your lease. While cannabis is legal, landlords may prohibit its use just as with tobacco or vaping.
3. What should I do if second-hand smoke from another unit bothers me?
   Document the dates and impact, notify your landlord in writing, and escalate to the RTDRS if the issue is not resolved.
4. If my lease doesn’t mention smoking, is it allowed?
   If not addressed, smoking is generally allowed inside your unit unless it disturbs others or causes damage, but always check building rules and bylaws.
5. Who do I contact for help with smoking disputes?
   The Residential Tenancy Dispute Resolution Service (RTDRS) is the official body for tenancy issues in Alberta.

Conclusion: What Alberta Tenants Need to Know

• Smoking rules depend on your lease and building policies—always read your agreement closely.
• Landlords can ban smoking, including tobacco, cannabis, and vaping, when stated in writing.
• If affected by second-hand smoke, document your concerns, notify your landlord, and use your right to seek help from RTDRS.

Knowing your rights helps maintain a healthy and respectful living environment for everyone.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS) — Alberta's official landlord-tenant tribunal
• Alberta Landlords and Tenants Information — resources and contacts from the Government of Alberta
• Smoke-Free Housing Alberta — tenant and landlord support and sample policies
• For more local help, contact your municipal bylaw office or Alberta Health Services for health concerns related to smoking in rental housing.

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1. Residential Tenancies Act (Alberta), available at Government of Alberta – Residential Tenancies Act.
2. Alberta Smoke-Free Places Act, accessed at Government of Alberta – Smoke-Free Places Act.
3. Residential Tenancy Dispute Resolution Service (RTDRS): RTDRS Alberta.

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