Living with roommates in New Brunswick can raise questions about smoking tobacco and using cannabis in shared spaces. Tenants often want to balance personal freedom with health and comfort in common areas, and they need to know what the lease, building rules, and provincial law require. This guide explains how smoking and cannabis rules typically work in shared housing: who can set rules, what a written lease may say, health and safety concerns, and practical steps tenants can take when another roommate's use affects them. It also shows how to document problems, serve notices, and, if needed, bring matters to the Residential Tenancies Tribunal[1] for help.
Who decides the rules in shared housing?
Rules about smoking and cannabis in a rental unit usually come from:
- Lease clauses or written house rules that serve as binding notices;
- Building or condo bylaws when you rent a suite in a condominium;
- Provincial legislation and tribunal decisions that interpret tenant and landlord rights.
Common situations and what tenants can do
Lease terms and reasonable rules
A lease can include a no-smoking or designated-smoking-area clause. If you share a lease, the landlord and all named tenants are bound by it. If only some roommates signed a separate agreement, clarify whether it changes the main lease and get any changes in writing. For regional rights and background see Tenant Rights and Landlord Rights in New Brunswick.
Health, safety and nuisance complaints
Secondhand smoke and strong cannabis odours can be a health or nuisance concern. Document dates, times, and effects (e.g., headaches, difficulty sleeping) and keep photos if smoke is visible in shared spaces. Consider raising the issue with roommates first and offering practical solutions like designated outdoor smoking areas, air purifiers, or schedule changes.
- Document incidents with dates, photos, or witness notes;
- Contact the roommate directly and follow up in writing;
- If the problem continues, use formal notices or the complaint process described below.
Notices and official steps
When informal approaches fail, tenants can give written notices asking a roommate to stop conduct that breaches the lease or creates a nuisance. If the behaviour continues, a tenant may apply to the Residential Tenancies Tribunal[1] for an order. The tribunal enforces the Residential Tenancies Act[2] and can make orders about breach, termination, or compensation.
Official forms you may need
Key official forms for New Brunswick tenants include:
- Application to the Residential Tenancies Tribunal (form: Application to the Residential Tenancies Tribunal). Used when you ask the tribunal to resolve a dispute about breaches, repairs, or nuisance; you file it to start a case;[3]
- Notice to Tenant or Notice to Quit (form numbers vary). Used to give formal written notice of a breach or to request that conduct stop; check the form guidance before serving.
When to involve your landlord
If the smoking originates from a guest or a tenant and it breaches the lease or damages habitability, inform the landlord in writing. Landlords have obligations to maintain a safe, habitable property and may be required to act on complaints. If a landlord refuses to address a clear breach, you may use the tribunal process or seek legal advice. For help with complaints, see How to Handle Complaints in Your Rental: A Tenant's Guide. If you need to find a different unit or compare options, Find rental homes across Canada on Houseme.
FAQ
- Can a roommate smoke inside a shared apartment in New Brunswick?
- It depends on the lease and building rules; if the lease bans smoking or the landlord imposes a restriction, smoking can be prohibited inside the unit.
- What if smoke or odour makes me sick?
- Document your symptoms and incidents, tell the roommate in writing, and consider applying to the Residential Tenancies Tribunal for an order if the issue continues.
- Will the tribunal force a roommate to move out?
- The tribunal can order remedies, which may include termination or compensation if the breach is serious, but outcomes depend on evidence and the case facts.
How-To
- Document incidents with date, time, photos, and any witnesses.
- Contact your roommate calmly and follow up in writing.
- Serve a written notice describing the breach and the change you seek.
- Allow reasonable time for the roommate to comply according to timelines in your lease or provincial rules.
- File an Application to the Residential Tenancies Tribunal and attach your evidence if the problem continues.[3]
- Attend the tribunal hearing, present your documentation, and ask for clear orders or remedies.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act and legislation - Government of New Brunswick
- Official tenancy forms and guidance - Government of New Brunswick
