Smoking Areas & Rental Rules for Tenants in Northwest Territories

Are you a tenant in the Northwest Territories with questions about smoking rules and designated areas in rental properties? Whether you smoke, live with someone who does, or want to know your right to a smoke-free home, understanding these rules is essential for a healthy and comfortable tenancy experience. This guide explains the relevant laws, landlords' duties, what tenants can expect, and how to address concerns around smoking in rental buildings in the Northwest Territories.

Rules About Smoking in Rental Units

Smoking – including tobacco and cannabis – is a topic managed by individual landlords but shaped by the Residential Tenancies Act (Northwest Territories)^[1] and public health regulations. There’s no automatic right to smoke in a rental unit, and many landlords choose to set clear non-smoking or designated smoking area rules in tenancy agreements.

What Can Landlords Decide?

• Set No-Smoking or Smoking-Restricted Rules: Landlords can include clauses in the lease that prohibit or limit smoking (including vaping or cannabis) inside units and common indoor areas.
• Designated Outdoor Smoking Areas: If smoking is not allowed indoors, landlords might provide a designated outdoor area for tenants who smoke.
• Enforcement: If tenants violate agreed-upon smoking rules, landlords can issue formal written notices and eventually pursue eviction for repeated or serious violations.

Always check your lease or rental agreement for specific rules about smoking. If no rules are specified, it’s wise to speak with your landlord before smoking in or around the rental property.

Health and Safety Considerations

Exposure to second-hand smoke can impact tenants' health and wellness. Landlords must ensure rental units meet key health and safety standards, which extends to addressing concerns about excessive smoke or odours spreading between units.

Learn more in Health and Safety Issues Every Tenant Should Know When Renting.

What Is a Designated Smoking Area?

A designated smoking area is a specific part of a property where landlords allow tenants and their guests to smoke. These areas are:

• Usually outdoors, away from doors, windows, and ventilation to minimize smoke entering buildings
• Subject to local municipal bylaws and fire safety requirements
• Optional – landlords are not legally required to provide a smoking area, but may choose to set one up for convenience and tenant comfort

Landlords must clearly outline where these areas are located (if any), and tenants should follow all posted and written instructions.

Responsibilities of Tenants

• Comply with all smoking rules in your lease agreement
• Use only permitted smoking areas (if available)
• Do not allow smoke or odours to damage or disturb other tenants or the property
• Dispose of cigarette butts (and cannabis residue) safely and responsibly

Violating rental smoking rules could lead to disputes or potential eviction. For more on obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What If No-Smoking Rules Are Added or Changed?

Landlords generally cannot add or change smoking rules for an existing agreement without tenant consent. Changes, such as implementing a building-wide no-smoking policy, usually only apply on a new lease or renewal unless all current tenants agree in writing.

If you have concerns about new or unclear rules, speak with your landlord and put communication in writing. If you need further guidance or support, contact the Office of the Rental Officer (the Northwest Territories’ residential tenancies tribunal).

Dealing with Second-Hand Smoke Issues

If smoke from another unit is affecting your health or enjoyment of your home:

• Document: Note the dates, times, and impact of second-hand smoke in your unit
• Contact Your Landlord: Report the issue in writing and request a resolution, such as addressing installation of door seals or reminders to other tenants
• Escalate if Needed: If unresolved, you can apply to the Office of the Rental Officer for assistance

How to File a Complaint About Smoking Issues

The Office of the Rental Officer can address unresolved conflicts over smoking in rental units. Use their Application to Determine Dispute (Form 2) to file a complaint about second-hand smoke or a landlord’s enforcement of smoking rules.

• When to Use: If your landlord does not address your complaint or you are being wrongly threatened with eviction for smoking.
• Where to Submit: Send your completed application form to the Office of the Rental Officer (NWT).

This process ensures both tenant and landlord sides are heard and a fair decision is made under the Residential Tenancies Act (Northwest Territories).

Related Rights and Resources

For a summary of overall rental law and protections, visit Tenant Rights and Landlord Rights in Northwest Territories. If you need a new place with specific policies, you can Browse apartments for rent in Canada easily and filter by building rules and amenities.

FAQ

1. Can my landlord ban smoking completely on the property?
   Yes, landlords in the Northwest Territories can establish a no-smoking policy for inside the building, on balconies, and sometimes outdoor common areas, if clearly stated in the lease.
2. What can I do if second-hand smoke from another unit bothers me?
   First, notify your landlord in writing. If the issue isn’t resolved, you may file a complaint with the Office of the Rental Officer using the official dispute form.
3. Do I have the right to smoke inside my rental unit if it’s not stated in the lease?
   If your lease does not mention smoking rules, consult your landlord. They may still set policies to protect property and neighbours’ health. Smoking indoors without clarity can risk future disputes.
4. Are there special smoking rules for cannabis in rentals?
   The same rules typically apply: smoking (including cannabis) is dictated by lease terms and local laws. Always check your lease and talk to your landlord for details.
5. Who enforces smoking rules and tenant complaints in the NWT?
   The Office of the Rental Officer (NWT) is responsible for resolving smoking disputes and upholding tenancy rights under the Residential Tenancies Act (NWT).

Conclusion: Key Takeaways for Tenants

• Smoking rules are lease-specific and shaped by health and safety laws.
• Landlords can restrict or allow smoking, and may designate specific areas.
• Both landlords and tenants must follow the Residential Tenancies Act (Northwest Territories) for all disputes and complaints.

Understanding your agreement and communicating openly with your landlord helps ensure a safe and comfortable tenancy.

Need Help? Resources for Tenants

• Office of the Rental Officer (NWT): Official government resource for tenants and landlords
• Application to Determine Dispute (Form 2): Download the form here
• Tenant Rights and Landlord Rights in Northwest Territories: Read more
• Browse apartments for rent in Canada: View available listings and filter by building rules

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1. Residential Tenancies Act (Northwest Territories): Official legislation and resources
2. Office of the Rental Officer: NWT Tribunal for rental disputes
3. Application to Determine Dispute (Form 2): Download PDF

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