Manitoba Rental Rules for Smoking and Designated Areas

For Manitoba tenants, understanding the rules about smoking—whether tobacco, cannabis, or vaping—in rental units can help avoid disputes and ensure homes remain comfortable for everyone. Designated smoking areas and your responsibilities as a renter are shaped both by provincial law and specific building policies.

Smoking in Manitoba Rentals: The Legal Framework

Smoking rules in residential tenancies are rooted in Manitoba’s Residential Tenancies Act and supported by both the Residential Tenancies Branch (RTB) and community health law. Landlords can ban or limit smoking in apartments, common areas, or any part of the property. These rules may apply to tobacco, cannabis, and electronic cigarettes (vaping).

Here’s what tenants in Manitoba need to know:

• Landlords can include no-smoking clauses in leases, making rental units smoke-free.
• Smoking is not allowed in shared indoor areas (like hallways, laundry rooms, or parking garages) under provincial health laws.
• If a designated smoking area exists, landlords must clearly communicate its rules and location.
• Tenants can be held responsible for smoke-related damages or nuisance under the lease.

For a detailed overview of tenant and landlord obligations in the province, visit Tenant Rights and Landlord Rights in Manitoba.

Designated Smoking Areas and Building Policies

Some multi-unit buildings or complexes may provide outdoor designated smoking areas for tenants and guests. These are subject to specific conditions set by the landlord and must comply with city bylaws, provincial health laws, and building insurance policies. Designated areas are typically:

• Located outdoors, away from doors, windows, or air intakes
• Clearly signed and maintained by building management
• Prohibited in playgrounds and common atriums

Always follow the building’s posted rules—violating them may result in written warnings or further action under your lease agreement.

Updates for Cannabis and Vaping

Since recreational cannabis became legal federally, landlords in Manitoba can still restrict its use or cultivation in rental premises. Vaping is usually treated under the same rules as other forms of smoking. If you’re unsure, check your lease and ask your landlord.

What to Do if There Are Disputes or Issues

If there are disagreements over smoking or non-compliance with building policies, tenants and landlords should try to resolve the concern through open communication first. If that fails, document the issue clearly. For persistent problems, the RTB provides dispute resolution—see the official RTB Resolving Issues page for more information.

Some renters may experience health impacts from second-hand smoke or encounter safety problems related to unauthorized smoking. These issues often overlap with health and safety rights. For more information, see Health and Safety Issues Every Tenant Should Know When Renting.

Steps for Tenants: Addressing Smoking Concerns

If you’re dealing with smoking-related issues or want to formally address concerns, here’s what you can do:

• Review your written lease for any smoking clauses or addendums.
• Keep records of issues—dates, locations, and communications.
• Submit a written complaint or request to your landlord. Written communication helps create an official record.
• If the issue remains unresolved, file a formal application with the RTB.

Key Forms for Manitoba Tenants

• Application for Order of Possession (RTB Form 10): Used if smoking violations are so severe that a landlord seeks to regain possession. Download the official form here. For example, a landlord may apply if a tenant repeatedly violates a no-smoking policy after warnings.
• Application for an RTB Order (RTB Form 2): Used by tenants to request the Branch to resolve issues—including health, safety, or lease violations by other tenants. Find the form and instructions here. For instance, a tenant with respiratory illness could use this to address persistent second-hand smoke from a neighbouring unit.

Understanding Lease Terms and Responsibilities

Landlords and tenants share responsibilities for keeping the property safe and pleasant for all. For a broader view of what each party owes the other, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Apartment rental rules—including about smoking—can change with new lease renewals or amendments. If new rules are introduced during your tenancy, landlords must generally give proper notice, and changes can’t override your rights under the Manitoba Residential Tenancies Act.^[1]

For tenants searching for smoke-free or pet-friendly properties, Explore Houseme for nationwide rental listings across Manitoba and Canada.

1. Can a landlord ban smoking in my rental unit in Manitoba?
   Yes, landlords may include no-smoking clauses in rental agreements, and these are enforceable as long as they are specified in writing and do not discriminate against existing rights.
   
2. What should I do if another tenant smokes in a non-smoking building?
   Document the incidents, communicate your concerns to the landlord in writing, and if not resolved, file a complaint with the Residential Tenancies Branch (RTB).
3. Does a no-smoking rule cover cannabis and vaping?
   In most cases, yes. Landlords can prohibit cannabis use and vaping in the same way as tobacco. Always read your lease or check with your landlord.
4. Are there official forms for complaints about smoking issues?
   Yes, tenants can use RTB Form 2 to request dispute resolution for health, safety, or lease non-compliance issues related to smoking (see above for details and links).
5. Do designated smoking areas have to be provided in every building?
   No, landlords are not required to provide designated smoking areas, but if they do, the area must comply with building policies, bylaws, and health laws.

Key Takeaways for Manitoba Tenants

• Lease agreements and provincial laws decide whether smoking is allowed or restricted in your rental.
• Tenants have the right to safe, smoke-free housing when specified, and landlords must follow notice procedures for rule changes.
• Use official RTB forms to document complaints or request dispute resolution when needed.

Always read your lease and communicate clearly with your landlord to prevent misunderstandings regarding smoking rules.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB): Phone 1-800-782-8403, handles disputes, complaints, and provides official forms.
• Manitoba Health: For public health concerns, smoking bylaw info, and enforcement.
• Local legal clinics, such as Legal Aid Manitoba, can offer free or low-cost advice if issues cannot be resolved.
• Tenant Rights and Landlord Rights in Manitoba: Comprehensive guide to rules, notices, and your rights.

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1. The Residential Tenancies Act (Manitoba)
2. Residential Tenancies Branch (RTB) Official Website
3. Manitoba Tobacco Control and Smoking Legislation

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