Manitoba Rental Smoking Policies: Tenant Rights & Rules

Understanding smoking policies in Manitoba rental housing is essential for both tenants and landlords. As concerns about health, safety, and comfort in residential buildings grow, clear rules and protections are in place regarding smoking (including tobacco, cannabis, and vaping) in rental units. This guide empowers tenants to know their rights, obligations, and options when it comes to smoking restrictions in Manitoba.

Who Sets Smoking Policies in Manitoba Rentals?

In Manitoba, smoking policies are primarily governed by the rental agreement, building rules, and legislation such as the Residential Tenancies Act (RTA) and the Smoking and Vapour Products Control Act¹. Non-smoking clauses are increasingly common in leases and apartment rules.

What Landlords Can and Can't Do

• Prohibiting Smoking: Landlords can prohibit smoking in individual units, on balconies, and in common areas, but they must clearly specify these rules in the rental agreement before you move in.
• Changing Rules: For current tenants, landlords cannot add or change smoking rules during the term of a fixed lease without both parties' written consent. For month-to-month tenancies, landlords may amend house rules with proper notice (usually at least three months in Manitoba).

Check your lease or contact the Residential Tenancies Branch of Manitoba for questions about your specific terms.

What Types of Smoking Do Rules Cover?

Smoking bans generally cover:

• Tobacco smoking
• Cannabis use (including medical cannabis)
• Vaping and e-cigarettes

Manitoba law (Smoking and Vapour Products Control Act) bans smoking and vaping in all indoor common areas of multi-unit residential buildings and within 8 metres of doorways, air intakes, or open windows.

Your Rights and Responsibilities as a Tenant

As a tenant, you have the right to quiet enjoyment of your home and to reasonable rules set out in advance. Landlords and tenants both have obligations to prevent smoke from interfering with others' use of their units or common areas. For a full overview of your legal responsibilities, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Enforcing Non-Smoking Rules

• If your agreement says no smoking and someone smokes, record the incidents and raise the complaint promptly, in writing, to your landlord.
• Landlords may issue written warnings or pursue eviction for repeated violations, but must follow due process under the Residential Tenancies Act.

If you need help addressing second-hand smoke or enforcing policies, you can apply to the Residential Tenancies Branch for assistance (see forms section below).

Key Forms and How to Use Them

When dealing with smoking policy violations or if you experience second-hand smoke affecting your unit, there are official forms and processes you can use:

• Form: Application for an Order of Possession or Termination (RTB Online Forms)
  • Used by landlords if seeking to end a tenancy due to repeated, serious breaches (like illegal smoking).
  • Tenants are served with this notice, and hearings are scheduled to ensure fairness.
• Form: Tenant Application for Orders
  • Tenant Application for Orders (Residential Tenancies Branch, Manitoba)
  • Use this if your neighbour’s smoking is causing a health or safety issue (e.g., second-hand smoke entering your unit) and your landlord does not address it despite your written request.
  Example: You notify your landlord about smoke coming from another unit. If your landlord does not act, you can complete this form to request the RTB order them to resolve the issue.

To complete and submit forms, follow the instructions on the Manitoba RTB's official forms page or call their inquiry line for help.

What Happens If Smoking Rules Are Broken?

• For Tenants: Violating a clear no-smoking policy can lead to written warnings, possible damage charges, or even eviction if the issue is ongoing and serious.
• For Landlords: If a landlord ignores smoke-related complaints, tenants have a right to file with the RTB for orders to remedy the situation.

Keep a detailed record of incidents, written communications, and any steps your landlord has taken regarding smoke-related complaints.

Health and Safety Concerns: Second-Hand Smoke

Exposure to second-hand smoke is recognized as a health and safety issue. Manitoba law protects tenants from being exposed in common spaces, but issues within private units are usually addressed through the rental agreement and RTB applications. Learn more about protecting your living space in Health and Safety Issues Every Tenant Should Know When Renting.

Moving In? Ask About Smoking Before You Sign

Before signing your lease, ask if the unit or building is designated as non-smoking. This can help avoid future conflicts. For more about questions to ask and steps to take, see Essential Tips for Tenants When Moving Into a New Rental Home.

Find rental homes across Canada on Houseme and use advanced filters to search for smoke-free or pet-friendly apartments in your area.

For a full Manitoba overview, see Tenant Rights and Landlord Rights in Manitoba.

Frequently Asked Questions

1. Can my landlord ban smoking in my unit in Manitoba?
   Yes. If your lease or building rules specify no smoking, your landlord can enforce these restrictions. New rules for current tenants require your agreement (unless on month-to-month with sufficient notice).
2. What should I do if second-hand smoke from a neighbour is affecting me?
   Notify your landlord in writing. If unresolved, submit a Tenant Application for Orders to the RTB.
3. Does a medical cannabis prescription override a building's smoking ban?
   No. While medical use is protected, tenants are still expected to follow smoke-free rules. Speak to your landlord about alternative consumption or accommodations.
4. Is vaping covered under no-smoking clauses in Manitoba?
   Usually yes—vaping is commonly included in non-smoking rules and covered under the province’s laws concerning smoke-free housing.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch (RTB) – Main contact for questions, complaints, and forms
• RTB Forms and Applications – Download notices and application forms
• RTB Contact Information – Phone support and branch locations
• Local tenant associations or community legal clinics can provide advice and support for complex disputes.

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1. Manitoba Residential Tenancies Act (RTA): Read the full Act here
2. Smoking and Vapour Products Control Act: Read the Manitoba legislation here
3. Manitoba Residential Tenancies Branch: Official RTB website

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