Smoking Rules & Tenant Rights in New Brunswick Rentals

Smoking policies can make a big difference in your experience as a tenant in New Brunswick. This article explains your rights and responsibilities regarding smoking in rental units, what landlords can (and can’t) require, and how to protect your health and enjoyment of your home. We’ll also cover relevant rules, forms, and what to do if issues arise – all based on official New Brunswick tenancy law.

Who Sets Smoking Rules in New Brunswick Rentals?

Landlords in New Brunswick have the right to set smoking rules for their rental properties. These policies must be clearly stated in the rental agreement before a lease is signed. If a smoking ban isn’t included up front, the landlord and tenant must both agree in writing to add or change the policy later.

• Landlords can: Prohibit smoking entirely, allow it in certain areas, or restrict it to specific balconies/patios.
• Tenants must: Follow the smoking policy outlined in their lease agreement.

Important: New Brunswick’s Residential Tenancies Act does not automatically ban smoking in rental units, and there are no province-wide smoke-free laws for private homes.^[1] Each lease is unique – always read yours carefully.

Why Smoking Policies Matter

Smoking in apartments and rental homes can impact all residents. Health, comfort, fire risk, and property damage are all important considerations. Many landlords now choose non-smoking buildings for these reasons. If you are concerned about second-hand smoke or allergic reactions, look for units with clear smoke-free rules when browsing rental homes. For example, Find rental homes across Canada on Houseme and filter for smoke-free listings.

What Does the Lease Say?

Your signed lease is the final word on your building’s smoking policies. Review Sections 5 and 6 of the lease for rules about behavior, nuisance, or repairs. If you have questions, discuss them with your landlord before agreeing to rent.

For more general information on your rights and responsibilities as a tenant, see Tenant Rights and Landlord Rights in New Brunswick.

Can a Landlord Add a Smoking Ban After You Move In?

Landlords cannot make new rules or policies, such as a smoking ban, that change your agreement without your written consent during an active lease. Both parties must agree to any changes.

If your lease renews, the landlord can offer a new lease with different rules (including smoking bans). You can accept and continue, or decline and move out at the end of the term.

What If a Tenant Ignores a Smoking Ban?

If your lease prohibits smoking and you (or your guests) smoke in violation of the policy, the landlord can take action under the Residential Tenancies Act. Actions may include issuing a warning or, if serious or repeated, applying for eviction through the Residential Tenancies Tribunal. For more on duties and expectations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Complaints: What to Do If Smoke Enters Your Unit

If second-hand smoke from another unit or area is affecting your home, there are steps you can take:

• Document the dates, times, and details of the smoke incidents
• Send a written complaint to your landlord or property manager
• If the issue continues and affects your health or quiet enjoyment, you can apply for assistance from the Residential Tenancies Tribunal

Related Health and Safety Concerns

If second-hand smoke creates a health or safety hazard in your unit, you have the right to safe and reasonable enjoyment of your rental. For more on this topic, check out Health and Safety Issues Every Tenant Should Know When Renting.

Understanding the Official Process and Forms

The Residential Tenancies Tribunal of New Brunswick is the official body for disputes between landlords and tenants. If you face ongoing issues or believe a landlord is not upholding their obligations around smoking policies, you can file a formal complaint.

• Form: Application for Assistance (Form 6B)
• Use: When you want the Tribunal to resolve a dispute about smoking rules or enforcement.
• Example: If your neighbour regularly smokes in a smoke-free building and your landlord does not resolve the issue after your written complaint, you can file Form 6B to request the Tribunal’s intervention.
• Download the official Application for Assistance (Form 6B)

The Tribunal will review your application, contact all parties, and issue a binding decision in accordance with the Residential Tenancies Act.^[1]

Can Medical Cannabis Be Smoked in Rentals?

Medical cannabis is subject to the same rules as tobacco. You must follow building smoking bans and lease agreements. If you need accommodation for a disability, talk to your landlord in advance about possible solutions.

1. Can my landlord ban smoking on my balcony or outdoor space?
   Yes, if your lease or building policy specifically prohibits smoking in those areas. Always check your lease for details.
2. Can I be evicted for breaking a non-smoking rule?
   Potentially, especially after repeated or serious breaches. Landlords must follow due process and the Residential Tenancies Tribunal oversees disputes.
3. What should I do if my neighbour’s smoking is bothering me?
   Document smoke events, politely contact your neighbour or landlord, and escalate to the Tribunal if the issue isn’t resolved.
4. Are there smoke-free apartment buildings in New Brunswick?
   Yes. Many landlords advertise smoke-free units and buildings. Always ask for written policies.
5. Where can I learn more about tenant rights regarding smoking?
   Check official New Brunswick government resources and read about Tenant Rights and Landlord Rights in New Brunswick.

Key Takeaways for Tenants

• Smoking rules in rental properties are set by your lease agreement.
• Landlords cannot add smoking bans during your tenancy without your consent.
• Contact the Residential Tenancies Tribunal for help with unresolved disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Official site for applications, forms, and legal guidance
• Residential Tenancies Act of New Brunswick (full text)
• Local tenants' rights groups and public health units can provide additional advice
• New Brunswick Tenant Services and Resources

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1. Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal of New Brunswick

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