Smoking Rules for Rental Units in British Columbia

Understanding the smoking policies in rental units is essential for tenants in British Columbia. Smoking rules can affect your comfort, health, security deposit, and even whether you can continue living in your unit. Here you'll learn about the current legal landscape, what your landlord can require, and what to do if you have concerns about smoking in your building.

Who Makes Smoking Rules in Rental Housing?

In British Columbia, landlords have the right to set policies about smoking tobacco, cannabis, or vaping in rental units and common areas. These rules must be clearly outlined in the written rental agreement (lease). The governing law is the Residential Tenancy Act^[1].

Some local municipalities may also have additional bylaws about smoking in multi-unit buildings, so it's wise to check your city regulations as well.

Types of Smoking Policies

• No Smoking Policies: Many landlords choose to prohibit smoking of tobacco and/or cannabis inside apartments, on balconies, and in common areas. This must be stated in the tenancy agreement.
• Designated Smoking Areas: Some buildings provide outdoor dedicated spaces where tenants can smoke.
• Partial Restrictions: Smoking may be allowed inside a unit but not on balconies or patios. Or it may be restricted to specific times or locations.
• Existing Tenancies: If your lease does not mention smoking, a landlord cannot unilaterally change the policy before renewal unless both parties agree to an addendum.

What If a New Smoking Rule Is Introduced?

Changes to smoking rules during your tenancy require your consent. If you’re signing a lease renewal or moving into a new rental, check the agreement for updated language about smoking.

Your Rights and Responsibilities as a Tenant

Even when a building allows smoking, tenants must not unreasonably disturb their neighbours or put their health or safety at risk. Second-hand smoke can be a health and safety issue, especially in multi-unit buildings. If you're concerned about exposure, talk to your landlord or property manager and explore options for accommodation.

For more detailed guidance on your rights and obligations regarding health and safety in rentals, explore Health and Safety Issues Every Tenant Should Know When Renting.

Security Deposit Issues Related to Smoking

Damage caused by smoking (such as burns, stains, or strong odours) may be considered "tenant damage." Cleaning or repairs beyond normal wear and tear can be deducted from your security deposit. Get more details on deposit rules in Understanding Rental Deposits: What Tenants Need to Know.

If You Have a Complaint or Concern

You’re encouraged to communicate respectfully with your landlord if smoking rules are being violated in your building. Sometimes smoke travels through ventilation, so cooperation is key.

Filing a Complaint: Step-by-Step

If you are unable to resolve a smoking-related issue through discussion, you can make a formal complaint or application for dispute resolution.

• Form Name: Application for Dispute Resolution (RTB Form)
  When it’s used: To resolve disputes about smoking policies, nuisance, or damages where landlord and tenant can't agree.
  Example: If cigarette smoke repeatedly enters your apartment from a neighbor, and management won't intervene, you can file this form.
  Official RTB Application for Dispute Resolution Form

The Residential Tenancy Branch is BC's tribunal for rent-related disagreements and enforcement. Contact the Residential Tenancy Branch.

How Smoking Policies Affect Lease Agreements

Any smoking ban or rule is legally binding only if it's part of your written tenancy agreement. Ensure you read the "Rules" or "Additional Terms" section carefully before signing. After the agreement is complete, your landlord cannot change smoking terms without your consent unless required by law.

If you're unsure of your lease terms post-signing, check What Tenants Need to Know After Signing the Rental Agreement.

Cannabis-Specific Smoking Rules

Since federal legalization, landlords may restrict cannabis use and cultivation in rental units if outlined in the agreement. Check for specific clauses related to growing or smoking cannabis indoors, as violations can result in penalties or end of tenancy if proven to cause significant disturbance or damage.

For a complete overview of provincial rules, bookmark Tenant Rights in British Columbia. Also, for additional search support, Explore Houseme for nationwide rental listings.

Frequently Asked Questions

1. Can my landlord ban smoking in my current apartment if it wasn't stated in my original lease?
   If your original rental agreement doesn't mention smoking restrictions, your landlord can't impose a new ban without your written consent. Future renewals or new leases can include such policies, and you can choose whether to accept those changes.
2. Will smoking in my apartment affect my security deposit?
   Yes, smoking that causes extraordinary cleaning or damages beyond normal wear and tear (such as lingering odours or burns) can lead to deductions from your deposit at move-out.
3. What should I do if a neighbor's smoking is affecting my health?
   Try to resolve the issue by speaking directly with your neighbor or landlord. If unresolved, document the problem and file a complaint using the RTB Application for Dispute Resolution Form.
4. Are e-cigarettes, vapes, and cannabis included in no-smoking policies?
   Most no-smoking policies cover tobacco, cannabis, and vaping devices, but check your rental agreement for specifics.
5. How do I submit a complaint about a landlord or tenant related to smoking?
   Complete an Application for Dispute Resolution (RTB Form) and submit it to the BC Residential Tenancy Branch, providing evidence and a summary of your efforts to resolve the issue semi-formally first.

Summary and Key Takeaways

• Smoking rules must be part of your written lease to be enforceable.
• Damage or nuisance from smoking can result in loss of deposit or formal complaints.
• Address issues early and use the Residential Tenancy Branch process if informal solutions fail.

Stay informed about health and safety, and always read your rental agreement closely regarding smoking policies in your building.

Need Help? Resources for Tenants

• Residential Tenancy Branch (British Columbia) – for dispute resolution, forms, tenant and landlord advice.
• Tenant Resource & Advisory Centre (TRAC) – free legal information and advocacy for BC tenants.
• Tenant Rights in British Columbia – detailed, province-specific rights and protections.

1. British Columbia Residential Tenancy Act
2. BC Residential Tenancy Branch
3. Official RTB Application for Dispute Resolution Form