Many tenants worry about whether leases can limit smoking, vaping or cannabis use in and around rental homes. In New Brunswick, landlords and tenants have rights that affect what a lease can say, how rules are enforced, and what to do if odour, health concerns or building safety are involved. This guide explains how common lease clauses work, when a landlord can set smoking or vaping boundaries, how provincial rules and the Residential Tenancies Tribunal may apply, and practical steps tenants can take if they believe a rule is unfair or being enforced improperly. It also lists official forms, how to file a complaint, and resources to help renters protect their health and housing security.
Where these rules come from
Rules about smoking, vaping and cannabis in rental housing come from the province's Residential Tenancies Act and decisions made by the Residential Tenancies Tribunal. The Act sets basic tenant and landlord obligations and the Tribunal interprets the law in disputes between renters and landlords[1][2]. For local context, review provincial summaries about tenant rights in New Brunswick at Tenant Rights and Landlord Rights in New Brunswick.
Official forms you may need
If you need to raise a dispute or respond to a notice, the Tribunal and Service New Brunswick provide official forms to start a file or to deliver notices. Below are the common forms tenants use and when to use them.
- Application to the Residential Tenancies Tribunal (Application form) — Use this to ask the Tribunal to hear a dispute if informal resolution fails; for example, if persistent smoke odour affects your health and your landlord does not act, a tenant files this application to request a hearing.
- Notice to End Tenancy / Notice forms — Landlords use official notices to ask a tenant to stop a behaviour or to end a tenancy; tenants may also use specified reply forms when disputing a notice or claiming improper service.
What a lease can say and what it can't
Many leases include rules that limit or ban smoking, vaping or cannabis inside units or in shared spaces. In New Brunswick, a lease clause that is clear, reasonable and applied consistently will usually be enforced, but it cannot contradict statutory protections or override Tribunal decisions about habitability and health. If a clause is vague (for example, it forbids "smells" without definition) you can challenge how it is applied.
If indoor smoking causes damage or affects other tenants' health, landlords can require mitigation or repairs under their maintenance obligations. Tenants concerned about health or safety should review Health and Safety Issues Every Tenant Should Know When Renting for common hazards and documentation tips.
Enforcement, evidence and reasonable accommodation
When a landlord enforces a no-smoking clause, they should provide written notice and evidence of the breach. Tenants can respond with their own evidence, such as dated photos, a log of incidents, or medical documentation if seeking accommodation for medical cannabis or to address a disability.
Practical steps tenants can take
- Document the issue: record dates, times, photos, and any damage caused by smoke or vaping.
- Raise the problem in writing with your landlord and request remediation or clarification of the lease rule.
- Seek help early: contact local tenant services or the Tribunal for guidance on filing forms and timelines.
FAQ
- Can a landlord ban smoking, vaping or cannabis in my rented unit?
- Yes. Landlords can include no-smoking or no-vaping clauses in leases for units and common areas, provided the clause is clear and enforced consistently; exceptions may apply for medical needs and certain human-rights accommodations should be discussed and documented.
- What should I do if smoke from another unit affects my health?
- Document dates and symptoms, tell your landlord in writing, request mitigation (such as sealing gaps or changing ventilation), and if unresolved consider filing an application with the Residential Tenancies Tribunal.
- Can I use medical cannabis in my rental if the lease bans smoking?
- Tenants with medical needs should disclose their accommodation request and provide supporting documentation; the landlord must consider accommodation but may seek a reasonable alternative like non-smoking forms of use.
How-To
- Collect evidence: gather photos, dates, witness names and any medical notes that show the impact of smoke.
- Complete the Tribunal application form: fill the official application with a clear summary of the issue and requested remedy.
- Submit or serve the form: follow the Tribunal's instructions for filing and serving the landlord and keep proof of delivery.
- Prepare for the hearing: organise your evidence, a timeline, and any witnesses who can testify.
- Follow the decision: if the Tribunal issues orders, comply or seek legal advice on compliance or appeals.
Help and Support / Resources
- Contact the Residential Tenancies Tribunal
- Read the Residential Tenancies Act (New Brunswick)
- Find official forms at Service New Brunswick
