Can my landlord change smoking rules after I move in?

Usually, a landlord cannot change or add no-smoking rules during your tenancy without your written agreement, unless your lease allows for updates to building rules.

Are landlords required to provide designated smoking areas in BC?

No, BC law does not require landlords to provide designated smoking areas. If provided, they must comply with health and safety standards.

What should I do if a neighbour's smoke impacts my unit?

Document the issue, notify your landlord in writing, and consider seeking dispute resolution if the problem continues.

Can I be evicted for violating smoking rules in my lease?

Yes, if your tenancy agreement prohibits smoking and you break this rule, you may receive warnings or be evicted, following due process.

How do I file a complaint about second-hand smoke in my apartment?

You can file an Application for Dispute Resolution with the BC Residential Tenancy Branch if direct communication with your landlord does not resolve the issue.

Designated Smoking Areas: Rental Rules for Tenants in BC

Utilities & Services British Columbia published: June 12, 2025

Understanding where and how smoking is allowed in rental housing is essential for tenants in British Columbia. The laws around designated smoking areas, lease rules, and what landlords can and cannot require are guided by provincial legislation and municipal bylaws. This article provides a practical overview of your rights and responsibilities as a renter in BC.

Smoking Rules in BC Rental Properties: What Tenants Need to Know

In BC, smoking in rental housing is governed by a mix of provincial laws, the Residential Tenancy Act^[1], and local municipal bylaws. Whether you can smoke (including tobacco, cannabis, or vaping) inside your unit or on the property depends on:

The terms stated in your rental agreement
Any rules or policies your landlord sets (they must comply with provincial and local laws)
Building type (e.g., apartment, condo, secondary suite)
Municipal regulations for multi-unit dwellings and public spaces

If your lease is silent on smoking, BC law does not automatically guarantee a right to smoke inside your unit. Always check your agreement for smoking clauses. Landlords can set smoke-free policies or designate specific smoking areas on the property. If designated areas exist, rules should be clear and accessible to all tenants.

Can Landlords Prohibit Smoking in BC?

Yes. Landlords in British Columbia can prohibit or restrict smoking in rental properties through properly-worded lease agreements or building rules. These rules can include:

Entirely smoke-free buildings (including inside units and all common areas)
Restrictions only on certain types of smoking (such as limiting cannabis or vaping)
Allowing smoking only in designated outdoor areas, clearly marked on the property

Any new no-smoking rule added during a tenancy usually requires tenant agreement, unless the lease already allows the landlord to create additional rules. Tenants and landlords both have responsibilities to respect the stated terms. For more on these mutual obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Smoke-Free Housing and Your Rights

Many tenants prefer smoke-free living environments for health and safety reasons. Landlords may make their properties smoke-free when advertising or signing new tenancy agreements. If you are already living in your unit and your landlord tries to introduce a new no-smoking rule, they generally need your consent unless the lease allows policy updates. If second-hand smoke from other units is affecting your home, you have the right to raise concerns and seek remedies under BC's tenancy laws.

Your right to quiet enjoyment includes being free from excessive second-hand smoke that may harm your health or enjoyment of your home, within reasonable limits.

If smoking is causing health or safety issues, both tenants and landlords have a duty to work toward reasonable solutions. For more on health effects and tenant remedies, see Health and Safety Issues Every Tenant Should Know When Renting.

Designated Smoking Areas: Requirements and Standards

Designated smoking areas, if provided, must comply with BC's Tobacco and Vapour Products Control Act^[2] and municipal regulations. Key requirements often include:

Location at least 6 metres away from doors, windows, and air intakes
Clear signage marking the designated area
Proper disposal units for cigarette butts and cannabis residue
Accessibility for all tenants, if smoking is permitted

Landlords are not required to provide designated smoking areas. If one exists, the area must not infringe on other tenants’ right to a safe and healthy environment.

What Happens If Rules Are Broken?

Tenants who violate smoking rules may face warnings, written notices, or in serious cases, eviction if damage or repeated infractions occur. Any disciplinary action must follow legal process. Likewise, landlords who fail to address documented second-hand smoke issues may be subject to complaints from tenants. The BC Residential Tenancy Branch can help mediate these disputes.

How to Make or Respond to Smoking-Related Complaints

If you are affected by second-hand smoke, or if your landlord is enforcing smoking rules unfairly, follow these steps:

Communicate your concerns in writing to your landlord or property manager
Keep a log of dates and times when problems occur
Gather supporting information (photos, witness statements, medical notes if relevant)
If unresolved, consider applying for dispute resolution through the Residential Tenancy Branch

The most common form tenants use is the Application for Dispute Resolution (RTB-12). This is filed when you want the Residential Tenancy Branch to resolve disputes about smoking issues, such as a landlord failing to enforce rules or attempting to evict you on smoking grounds.

Form Name: Application for Dispute Resolution (RTB-12)
When to Use: If direct communication fails and you need an official decision (e.g., removal of second-hand smoke, review of a rule)
How to Use: Complete and submit the form online or by mail with details and supporting documentation.
Access the Application for Dispute Resolution (RTB-12)

Cases are handled by the BC Residential Tenancy Branch, which administers the Residential Tenancy Act.

Additional Health and Safety Facts

Remember, smoking inside rentals can cause unit damage, increase fire risk, and result in deductions from your security deposit. For more details on your obligations and how to protect your financial interests, refer to the Tenant Rights in British Columbia page for provincial guidelines.

You can also explore Houseme for nationwide rental listings if you are seeking smoke-free rental options across Canada.

Can my landlord change smoking rules after I move in?
Usually, a landlord cannot add or change no-smoking rules during your tenancy without your written agreement, unless your lease says otherwise. Both parties must follow the signed agreement unless all tenants consent to new rules.
What if my neighbour’s smoking affects my health?
Document the issue and notify your landlord or property manager in writing. If this does not resolve the issue, you may file a complaint with the Residential Tenancy Branch using the Application for Dispute Resolution.
Are there penalties if I smoke in a non-smoking unit?
Smoking in violation of your lease could lead to written warnings or possible eviction. Landlords may also charge for cleaning or damages, and may deduct these costs from your deposit.
Does BC law require landlords to provide designated smoking areas?
No, landlords are not required to provide such areas. If they do, all health, safety, and placement standards under local and provincial laws must be met.
How can I find smoke-free housing in BC?
Ask about smoking policies before signing a lease and choose buildings that advertise as smoke-free. Online rental platforms often list this feature.

Key Takeaways for BC Tenants on Smoking Rules

Always review your rental agreement for smoking clauses.
Landlords can enforce no-smoking policies if they are part of your lease.
Official forms are available if you need to mediate or dispute a smoking issue.
You have the right to a healthy, safe, and enjoyable rental environment.

Need Help? Resources for Tenants

BC Residential Tenancy Branch — official guidance, forms, and dispute resolution
Tenant Resource & Advisory Centre (TRAC) — advocacy, legal information, and tenant helpline
Tenant Rights in British Columbia — in-depth overview of provincial rental laws and tenant protections
Explore Houseme for nationwide rental listings — filter rentals by smoke-free policies and more