Smoking Rules for Tenants in Newfoundland and Labrador Rentals

Understanding the rules about smoking in your rental unit is important for tenants in Newfoundland and Labrador. Whether you’re a smoker or want to avoid second-hand smoke, it’s crucial to know your rights, your landlord’s responsibilities, and how smoking rules are enforced in your rental home.

Smoking Policies: What Tenants Should Know

In Newfoundland and Labrador, landlords can set smoking policies for their rental units. The details around smoking—whether allowed, limited, or prohibited—should be clearly stated in your rental agreement. If you’re unsure about smoking rules, check your signed lease or ask your landlord directly. Typically, these policies address:

• Cigarette, cannabis, and vaping use
• Designated smoking or non-smoking areas (balconies, entrances, etc.)
• Whether smoking is allowed inside units, only outdoors, or completely prohibited

Smoking prohibitions are legal so long as they are clearly set out in the tenancy agreement. Breaking a smoking policy may be considered a breach of the agreement, potentially leading to a warning or even eviction in repeated or serious situations.

Clear Lease Terms Are Important

If your lease doesn’t mention smoking, smoking is generally permitted unless it interferes with others’ reasonable enjoyment or safety. Landlords who want to prohibit or restrict smoking should include a detailed clause in the lease when you move in. Amending an existing lease to add a new smoking ban usually requires tenant consent.

Health, Safety, and Second-Hand Smoke Issues

Second-hand smoke can be a health concern, especially in shared buildings. If smoke drifts from another unit or common area affects your health or use of your home, this may be a health and safety issue. The Health and Safety Issues Every Tenant Should Know When Renting guide covers these concerns and steps to take if your living environment is affected.

Landlords must also ensure that all rental premises comply with fire and safety regulations. Excessive smoke or improper disposal of smoking materials could violate these obligations.

Tenant and Landlord Responsibilities

Both tenants and landlords have a part to play in upholding smoking policies:

• Tenants are responsible for following the smoking rules written in the rental agreement.
• Landlords must enforce the lease and respond to legitimate complaints about smoke or policy violations.
• Reasonable accommodation may be required for medical cannabis users, but this right is balanced against other tenants’ safety and enjoyment.

More information about each party’s role can be found in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained resource.

Addressing Smoking Complaints

If smoke is entering your unit or a neighbour isn’t following the rules, here’s what you can do:

• Document the times and details of the issue.
• Talk to your landlord or property manager in writing.
• If the problem continues, follow the formal complaint process (see below).

Official Tribunal and How to Make a Complaint

In Newfoundland and Labrador, the Residential Tenancies Office (RTO) handles rental housing disputes. Both landlords and tenants can apply for dispute resolution if there is a disagreement over smoking policy breaches, health impacts, or related concerns.

Important Forms

• Application Form (RT-1): Use this to resolve disputes related to tenancy—including complaints over smoking violations.
  Download the RT-1 Application Form
  Example: If your neighbour repeatedly violates a no-smoking lease policy and your landlord is not addressing it, you can submit an RT-1 form to the Residential Tenancies Office for dispute resolution.
• Notice of Termination: If a smoking-related policy breach is serious or ongoing, a landlord may serve a termination notice. See details at the official forms page.

Relevant Legislation

All smoking rules in rental units are governed under the Residential Tenancies Act, 2018 of Newfoundland and Labrador.^[1]

To learn more about general rights in this province, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Need to search for a smoke-free or pet-friendly apartment elsewhere? Search Canadian rentals with interactive map view to tailor your search across the country.

Frequently Asked Questions

1. Can my landlord add a no-smoking clause to my existing lease?
   No, any changes to a current lease—including new no-smoking rules—require your agreement as a tenant. However, at lease renewal, new policies may be added.
2. What should I do if second-hand smoke from another unit affects me?
   Document the occurrences, report the problem in writing to your landlord, and escalate to the Residential Tenancies Office if the issue continues.
3. Are landlords required to provide smoke-free rental options?
   No, but they can choose to make their properties smoke-free. Always check the lease for the smoking policy before moving in.
4. Can I be evicted for breaking a no-smoking policy?
   Yes, repeated or serious breaches of a no-smoking clause in the lease can lead to a warning or, ultimately, eviction as per the Residential Tenancies Act, 2018.
5. Does a no-smoking policy apply to cannabis as well as tobacco?
   Yes, unless specified otherwise, most no-smoking policies in leases include both tobacco and cannabis, as well as vaping products.

Conclusion and Key Takeaways

To recap, tenants in Newfoundland and Labrador should:

• Review and understand smoking policies in their rental agreements
• Address health and safety concerns related to second-hand smoke
• Know how to file a complaint or resolve disputes with the Residential Tenancies Office

Staying informed and communicating with your landlord early can help prevent smoking-related conflicts.

Need Help? Resources for Tenants

• Residential Tenancies Office Newfoundland and Labrador – Information, applications, and dispute resolution
• Newfoundland and Labrador Housing Corporation – Support for public and subsidized housing
• Public Legal Information Association of NL – Tenant rights education and support
• To read more about your rights province-wide, see Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Office – Government of Newfoundland and Labrador

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