Smoking and vaping policies can affect your daily life in a rental. If you are a tenant or renter in New Brunswick, it helps to know what a landlord can include in a lease, what provincial rules apply, and how to raise concerns about second-hand smoke or vaping vapour. This guide explains your basic rights, common lease clauses, how to ask for changes, and practical steps to document problems so you can resolve them or file a complaint if necessary. Plain-language examples and links to official resources make it easier to take action while keeping communication with your landlord constructive.
What landlords can and cannot do
Landlords in New Brunswick may include no-smoking or no-vaping clauses in a lease for the rental unit and common areas. They can also set rules about outdoor smoking areas and e-cigarette use inside buildings. However, landlords must still respect other legal obligations such as providing a safe, habitable home.
Typical lease rules you may encounter
- A complete ban on smoking and vaping anywhere inside the unit or building.
- Designated outdoor smoking areas with distance rules from doors and windows.
- Requirements for tenants to pay for cleaning or repairs if smoke damage occurs.
Your rights and practical steps
If smoke or vapour from another unit affects you, start by documenting the problem: dates, times, photos, and notes about health effects or home damage. Communicate in writing to your landlord describing the issue and requesting a reasonable solution, such as sealing gaps, changing ventilation, or enforcing a no-smoking area. If you refer to official avenues, name the Residential Tenancies Tribunal for New Brunswick and the province's tenancy legislation when asking for help.[1][2]
Sample written request
- I am writing to report ongoing tobacco smoke entering my unit from Unit 3 on these dates: [list dates]. Please advise what steps you will take to investigate and reduce exposure.
- If the building has a no-smoking policy in common areas, ask for enforcement or clarification of the rule.
When to consider filing a formal complaint
Consider filing with the tribunal if the landlord does not address serious health or habitability concerns after you have provided written notice and reasonable time to respond. Keep copies of all communications and receipts for any repairs or mitigation you paid for because of smoke damage. You can also ask for an inspection or mediation through the official tribunal process.[1]
Practical tips for tenants
- Try polite, written communication with neighbours and the landlord before escalating to formal steps.
- Keep a dated log of smoke incidents and any health impacts, including doctor notes if symptoms appear.
- Request reasonable repairs like sealing gaps or improving ventilation to reduce passage of smoke between units.
Finding a new rental if smoke rules are important
If you need to look for a different place with clear no-smoking policies or better ventilation, you can search listings that specify building rules and amenities. Find rental homes across Canada on Houseme to filter by building features and location.
FAQ
- Can my landlord ban smoking or vaping in my rental unit?
- Yes. A landlord can include a no-smoking or no-vaping clause in the lease that applies to the unit and common areas, provided it is stated clearly in the tenancy agreement.
- What should I do if smoke from another unit affects my health?
- Document dates and effects, tell your landlord in writing, request mitigation (like sealing or ventilation), and if unresolved consider filing with the Residential Tenancies Tribunal.[1]
- Are there official forms to use when filing a complaint?
- Yes. The province provides forms and instructions for applications to the tribunal, including how to submit evidence and request remedies; check the official forms page for the correct document to file.[3]
How-To
- Gather evidence: record dates, times, photos, and any health notes related to smoke or vapour.
- Send a clear written request to your landlord asking for specific mitigation steps and a timeline.
- If the landlord does not respond, consult the Residential Tenancies Tribunal information and complete the appropriate application form.
- Attend any mediation or hearing prepared with your documentation and follow tribunal directions for evidence submission.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- New Brunswick Justice Services and Legislation
- Official tenancy forms and instructions - Government of New Brunswick
