Rental Smoking Area Rules for Tenants in New Brunswick

Living in a rental property in New Brunswick comes with important rules regarding smoking inside and outside your unit. Whether you're a smoker, a non-smoker, or concerned about secondhand smoke, knowing your rights and responsibilities ensures a safer, more comfortable home environment for everyone. This guide explains designated smoking area regulations, landlord and tenant obligations, and action steps in New Brunswick.

Can Landlords Restrict Smoking in New Brunswick Rentals?

Yes. Landlords have the legal ability to set rules about smoking—including where, when, and if smoking is allowed at all—in their rental buildings. These rules must be clearly outlined in the rental agreement. After both parties sign, tenants are expected to follow the smoking policy, and landlords must apply it consistently to all tenants.

Designated Smoking Areas: What Are They?

A designated smoking area is a specific spot, often outdoors, where smoking is allowed on the property. These are commonly found in multi-unit buildings. Designated areas may help minimize secondhand smoke exposure and address fire safety concerns. If your building has such an area, details should be included in your lease or posted on-site.

• Indoor smoking is generally prohibited by provincial and municipal bylaws in New Brunswick common areas, including hallways and lobbies.
• Outdoor areas: Landlords may create a dedicated space for smoking outside the building, subject to local bylaws and property rules.
• No-smoking rules can cover tobacco, cannabis, vaping, and other substances.

Key Legal Protections for Tenants

New Brunswick residential tenancies are regulated under the Residential Tenancies Act. Both landlords and tenants have rights and responsibilities related to health, safety, and the peaceful enjoyment of the property.

• Existing leases: If your lease did not include a smoking ban when you signed, landlords cannot introduce a new no-smoking policy unless you agree to it or your lease renews.
• New leases: Landlords may require a no-smoking or restricted smoking clause for new tenants.
• Tenants have the right to a safe and healthy living environment, including fair notice of new rules affecting daily life.

Forms and Filing Complaints

If you're dealing with disputes over smoking rules or designated area violations, New Brunswick tenants can apply to the Residential Tenancies Tribunal of New Brunswick.

• Application for Assistance (RT Form 1): Use this form if you believe your landlord or another tenant is not following agreed smoking area rules. For example, if your lease specifies only outdoor smoking but someone smokes in the hallway, you can submit Form 1 to request tribunal intervention. Official form: Application for Assistance (RT Form 1)
• How to file:
  • Fill out RT Form 1, describe the issue (e.g., exposure to smoke, lease violations), and provide evidence (photos, correspondences).
  • Submit the form by email, mail, or in-person at any Service New Brunswick location.

The tribunal will review your complaint and may call for a hearing if needed.

What Tenants Should Do If Smoking Rules Are Broken

If you notice smoking in prohibited areas or experience unwanted smoke infiltration, follow these steps:

• Read your lease and any building notices for specific smoking area rules.
• Document any breaches: date, time, and type of smoking.
• Communicate the issue in writing to your landlord.
• If it continues, use the above Application for Assistance to formally report.

See the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page for more on your rights in shared spaces.

Is There Protection for Tenants With Health Concerns?

Health and safety are top priorities for New Brunswick housing. If designated smoking areas or smoke transfer is affecting your health—especially if you have respiratory conditions or allergies—you may have additional protections under the Act. Review Health and Safety Issues Every Tenant Should Know When Renting for more details.

• Tenants with medical conditions can request additional accommodation, such as relocating to a different unit, if persistent smoke exposure is an issue.
• Provide documentation from a healthcare provider if needed.

For broader housing information, check out Explore Houseme for nationwide rental listings and discover communities that fit your preferences.

For a full summary of your rights and rules specific to New Brunswick, visit the Tenant Rights and Landlord Rights in New Brunswick page.

1. Is it legal for a landlord to ban smoking in all areas, including inside apartments?
   Yes. As long as the ban is in the lease agreement when you sign, a landlord may prohibit smoking both in private units and common areas.
2. Can smoking rules be changed during a lease?
   Only if both tenant and landlord agree or if a new lease is being signed; otherwise, changes must wait until renewal.
3. What should I do if another tenant ignores designated smoking area rules?
   Document the incidents and contact your landlord. If unresolved, submit an Application for Assistance (RT Form 1) to the Residential Tenancies Tribunal.
4. Are cannabis and vaping covered by smoking bans?
   Yes. Most New Brunswick rental smoking rules apply to tobacco, cannabis, and vaping. Check your lease for exact terms.
5. Where can I find official forms to report a violation?
   Visit the Residential Tenancies Tribunal website for forms like RT Form 1 and detailed instructions.

Conclusion: Key Takeaways for New Brunswick Tenants

• Smoking rules in rentals must be clear in your lease. Always read and understand these policies before signing.
• If you face issues with secondhand smoke or non-compliance, document everything and use official forms when necessary.
• The Residential Tenancies Tribunal provides fair and legal support for tenant-smoking disputes and rights protection in New Brunswick.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick (information, forms, complaint process)
• Service New Brunswick: Residential Tenancies (contact and office locations)
• New Brunswick Legal Aid Services (support and advocacy)
• Health or accessibility concerns: speak to your doctor and contact the tribunal for accommodations

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1. Residential Tenancies Act, S.N.B. 2011, c.221. Full Act Text
2. Residential Tenancies Tribunal of New Brunswick. Official Website
3. Application for Assistance (RT Form 1): Official Form PDF

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