For tenants in Alberta, questions around smoking—whether tobacco, cannabis, or vaping—are increasingly common. Clear provincial rules, as well as specific rental agreements, affect where and how you can smoke in or near your rental home. This article explains Alberta’s laws and guidelines on designated smoking areas, your rights and responsibilities, and what to do if conflicts arise.

Smoking in Rental Properties: The Legal Framework in Alberta

Smoking rules in Alberta rentals are shaped by both the Residential Tenancies Act (RTA)¹ and municipal bylaws. There are no province-wide laws banning smoking inside rental units; however, landlords may include no-smoking clauses in the lease, designating specific smoking areas or banning smoking entirely in buildings or on property grounds. Tenants and landlords both have responsibilities to support a safe and healthy living environment.

Landlords Can Set Smoking Policies

• Landlords can prohibit smoking (tobacco, cannabis, vaping) inside units, on balconies, or anywhere on the property.
• Alternatively, they may allow smoking only in designated outdoor areas, which should be clearly marked and communicated.
• Any smoking rules must be stated in the rental agreement. Existing tenants cannot have new rules imposed until their current agreement ends or is renegotiated.

Designated Smoking Areas and Rental Agreements

If a landlord permits smoking only in certain locations (e.g., a parking lot corner), they must specify this in your lease. Tenants are responsible for abiding by these terms. If the lease is silent on smoking, it is a good idea to clarify expectations before moving in, to prevent misunderstandings.

Smoking rules in rental properties are not just about preference—they are also about health and safety. Issues like second-hand smoke, fire hazards, and allergic reactions often lead to complaints. To learn more about related topics, see Health and Safety Issues Every Tenant Should Know When Renting.

Health, Safety, and Nuisance Concerns

• Second-hand smoke can lead to health concerns or aggravate medical conditions for other tenants.
• Odours or residue from smoking may be considered a nuisance—repeated complaints can result in action from landlords.
• Failure to follow smoking rules may be considered a breach of the lease and could lead to eviction proceedings through the proper legal process.

Tenant Rights and Landlord Responsibilities

Both tenants and landlords have rights under Alberta’s rental laws. Landlords are responsible for creating clear policies, maintaining property standards, and communicating with tenants about health and safety. Tenants have the right to be informed of rules and to enjoy their home in reasonable peace and comfort.

• Tenants should report issues such as second-hand smoke entering their unit (if it is not permitted) or if designated areas are not maintained.
• Landlords must address complaints promptly and can only enforce no-smoking rules included in the lease agreement.

For a broad overview of legal responsibilities on both sides, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When Rules Change or Disagreements Occur

If a landlord wants to add or change smoking rules for existing tenants, these changes usually apply only after a new agreement is signed. If you and your landlord disagree about enforcement or interpretation of smoking rules, Alberta’s tribunal for rental disputes, the Residential Tenancy Dispute Resolution Service (RTDRS), can help resolve conflicts.

Filing a Complaint or Resolving a Dispute

If you believe smoking rules in your agreement are unclear, or your landlord is not enforcing policies fairly, follow these steps:

• Document issues (e.g., dates, times, photographs, and communication records).
• Formally notify your landlord in writing about your concern and request resolution.
• If unresolved, you may file an application with the RTDRS using their RTDRS Application Form. This form is used to resolve a wide range of tenancy issues, including lease violations related to smoking. Download the application and find instructions on the official RTDRS forms page.
  • Example: If smoke is entering your unit from another, and your lease specifies a no-smoking policy, use the RTDRS Application Form to request a ruling or order.

You can also contact your city or town if municipal bylaws about public smoking are being violated.

Additional Tips for Tenants Moving In or Out

• Ask to view any designated smoking areas during your initial inspection.
• Take photographs of both designated smoking zones and your unit’s condition at move-in and move-out, in case of future disputes about damage.

For more moving tips, see Essential Tips for Tenants When Moving Into a New Rental Home.

Remember, Alberta-specific laws apply. National rental platforms can help you compare listings with clear smoking policies or amenities—Explore Houseme for nationwide rental listings to find your ideal smoke-free or pet-friendly home.

For a comprehensive look at your legal rights and obligations as a tenant in Alberta, visit Tenant Rights and Landlord Rights in Alberta.

Frequently Asked Questions About Smoking Areas in Alberta Rentals

1. Can my landlord ban all smoking on the rental property in Alberta?
   Yes, landlords may prohibit any form of smoking (including cannabis and vaping) on the property, but this must be clearly stated in your lease.
2. What if another tenant’s smoking affects my health or enjoyment of my unit?
   Notify your landlord in writing. If not resolved, document the issue and consider applying to the RTDRS for help.
3. Can smoking rules be changed during my tenancy?
   No, changes to smoking policies generally require your agreement and a new lease. Rules in effect when you signed remain until renewal.
4. Is cannabis smoking treated differently than tobacco smoking in Alberta rentals?
   Legally, landlords can treat cannabis, tobacco, and vaping the same, setting policies at their discretion in your lease.
5. Where do I file a complaint if my landlord is not following the agreed rules?
   Contact the RTDRS using their application form to resolve such disputes.

Key Takeaways for Alberta Tenants

• Always read your rental agreement for specific smoking policies and designated areas.
• Landlords can set or change smoking rules, but only by including them in your lease.
• Document and report any breaches; Alberta’s RTDRS offers dispute resolution.

Clarifying expectations from the beginning and communicating openly with your landlord helps prevent problems down the road.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): For disputes, forms, and official guidance
• Service Alberta: Tenant and landlord tips
• Canadian Mental Health Association (Alberta): Support if smoke-related issues affect your health

---

1. Residential Tenancies Act (Alberta)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy