Designated Smoking Areas: Tenant Rules in Newfoundland & Labrador

If you’re a tenant in Newfoundland and Labrador, knowing your rights and obligations about smoking in rentals is essential. Designated smoking areas, non-smoking rules, and landlord-tenant agreements can affect your comfort and compliance with provincial laws. This guide explains what tenants need to know about designated smoking areas and rental rules, how they are enforced, and where to turn if you have concerns about smoke exposure or policy violations.

Understanding Smoking Rules in Newfoundland and Labrador Rentals

Smoking rules in rental properties are shaped by provincial legislation, municipal bylaws, and the specifics of your rental agreement. Many landlords include clear smoking restrictions or designated smoking area rules in leases, while some buildings go completely smoke-free. It’s important to review your tenancy agreement to see what applies to your home.

Key Laws and Regulations

• Residential Tenancies Act (RTA): The Residential Tenancies Act allows landlords and tenants to agree on smoking policies in the rental lease.
• Smoke-Free Spaces Act: This provincial law restricts smoking in certain indoor and outdoor areas, particularly common spaces of multi-unit dwellings.
• Municipal Bylaws: Your local municipality may have tighter restrictions for smoking in apartment buildings, condos, or public spaces.

In general, tenants must follow the rules in their signed lease unless those rules are illegal or violate your rights under the RTA. Smoking in common hallways, laundry rooms, or entrances is typically prohibited.

What Are Designated Smoking Areas?

In some buildings, property owners may set up a dedicated space for smokers that meets provincial and municipal requirements. A designated smoking area:

• Is well-marked and located away from entrances, windows, and ventilation intakes
• Is not inside shared common areas
• Meets safety and fire prevention standards outlined by local regulations

Landlords are not legally required to provide a designated smoking area, but if one exists, tenants must use it. If your building is entirely smoke-free, no designated area will be set up, and tenants are expected to leave the property to smoke where it is legally allowed.

Health and Nuisance Issues

Second-hand smoke can be a serious health risk and a common source of disputes. If you experience smoke entering your home or shared spaces, document the problem and talk to your landlord. If that doesn’t resolve things, filing a formal complaint is an option.

To understand how health risks like smoke or mould may affect your tenancy rights, see Health and Safety Issues Every Tenant Should Know When Renting.

Enforcing Smoking Restrictions

Enforcement usually relies on the terms of your lease and the Residential Tenancies Act. Tenants violating non-smoking rules or misusing a designated area can face written warnings, fines (if specified in the lease), or even eviction after due process.

• Landlords must follow proper notice procedures before taking action.
• Many disputes can be resolved through open communication or mediation.
• If unresolved, formal complaints can be brought to the Residential Tenancies Office (RTO).

For more on tenant and landlord duties and dispute resolution, refer to Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Filing a Complaint: Forms and Procedures

• Application for Dispute Resolution (Form 12): Used by tenants to seek remedies when lease agreements—such as non-smoking policies—are not enforced, or if they experience harm due to second-hand smoke.
  Find the form and instructions at the official NL Residential Tenancies Forms page.
  Example: If your neighbour’s smoking is affecting your health and your landlord doesn’t respond, submit Form 12 to the RTO for dispute resolution.

What to Ask or Do Before Signing a Lease

• Read the entire lease—look for clauses about smoking and designated areas
• Ask the landlord to clarify any unclear terms
• If you need smoke-free accommodation for health reasons, request it in writing

If you have signed your lease, review What Tenants Need to Know After Signing the Rental Agreement for further steps and best practices.

For full details on tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Want to see smoke-free buildings or rentals with clear policies? Search Canadian rentals with interactive map view and filter by smoke-free listings on Houseme.

Frequently Asked Questions about Smoking Areas in Newfoundland and Labrador Rentals

1. Can my landlord ban smoking in my rented unit?
   Yes, if your tenancy agreement clearly states that smoking is not allowed on the property or within your unit, your landlord can prohibit it. This applies to tobacco, cannabis, and vaping products.
2. What if second-hand smoke from a neighbour affects me?
   You should first communicate your concern to the landlord. If this doesn’t resolve the issue, file a complaint with the Residential Tenancies Office using the appropriate form, providing clear evidence of the health risk and attempts to solve the issue.
3. Do landlords have to provide a designated smoking area?
   No, landlords aren’t required to provide a dedicated space, but if they do, it must comply with all legal standards. In smoke-free buildings, all tenancy areas may prohibit smoking entirely.
4. Can I be evicted for breaking a non-smoking rule?
   If a tenant repeatedly disregards smoking restrictions in their lease, they may face eviction. However, landlords must follow legal notice procedures as per the Residential Tenancies Act.
5. How can I find out if a rental is smoke-free before I move in?
   Ask the landlord, review the lease, and search listings on major platforms for properties clearly marked as smoke-free.

Conclusion: Key Takeaways for Tenants

• Always review your lease for smoking policies before you sign.
• Use only designated smoking areas, if provided, and respect building-wide bans.
• If you face smoke exposure despite the rules, you have the right to seek help and file a complaint through the provincial tribunal.

Staying informed and knowing your rights around smoking can help foster a safer and more comfortable living environment.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO): Handles complaints and enforcement of tenancy laws in Newfoundland and Labrador. Contact the RTO.
• Public Legal Information Association of NL: Free legal information for tenants—visit their website.
• NL Human Rights Commission: If you require smoke-free accommodation as part of a health-related need, contact the NL Human Rights Commission.

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1. Government of Newfoundland and Labrador – Residential Tenancies Act: Full legislation details
2. Residential Tenancies Office: Tenant services and forms
3. Smoke-Free Spaces Act NL: Public health regulations

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