Smoking Rules for Tenants in Northwest Territories Rentals

Are you a tenant in the Northwest Territories unsure about your rights and responsibilities when it comes to smoking inside your rental unit? Understanding the latest laws and landlord policies can help you stay compliant and maintain a healthy living environment. This guide breaks down what you need to know about smoking bans, tenant rights, and relevant forms in the NWT.

Can Landlords Prohibit Smoking in My Rental in Northwest Territories?

Smoking rules can significantly impact your living environment. In the Northwest Territories, landlords have the right to establish non-smoking policies for their rental properties. These rules should be:

• Set clearly in the written tenancy agreement
• Communicated before you move in
• Applied equally to all tenants

Even if your lease does not mention smoking, municipal and territorial health regulations may limit or forbid smoking in certain shared areas, such as hallways, elevators, or near building entrances. The Standard Lease Form (Residential Tenancies Act - Schedule C) is required for all new tenancies in the NWT. It allows landlords and tenants to state whether smoking is permitted inside the unit.

Where Is Smoking Banned in NWT Rental Properties?

• In common areas: Territorial smoke-free laws prohibit smoking in the public areas of multi-unit buildings, such as hallways and lobbies.
• Near entrances and windows: The Smoke-free Places Act bans smoking near entrances, windows, and air intakes of public buildings.
• Inside your unit (if specified): If your tenancy agreement says smoking is not allowed, you must comply. Otherwise, smoking may be permitted unless territorial, municipal, or condo corporation rules say otherwise.

If you are unsure about what is covered in your lease, review your agreement or ask your landlord for clarification. Enforcement is easier when policies are written clearly before you sign.

How Landlords Enforce Smoking Bans

If you smoke in breach of your lease, a landlord can issue a written warning. Continued non-compliance could be considered a breach of the tenancy agreement, possibly leading to eviction. Always communicate and document all warnings or notices you receive.

Landlords cannot change smoking policies mid-lease without your written agreement. Any new rule about smoking must be included in your next renewal or signed addendum. For guidance on landlord and tenant responsibilities in your unit, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Health and Safety: Tenant Considerations

Exposure to second-hand smoke is a significant health and safety concern. If smoking from another unit affects your health or you have allergies, raise the issue first with your landlord in writing. If unresolved, you may contact the NWT Rental Office for support.

Property damage caused by smoking, such as stains or persistent odours, may come out of your deposit. Learn about damage deposits and what they cover in Understanding Rental Deposits: What Tenants Need to Know. To better understand your rights in health and safety matters, check out Health and Safety Issues Every Tenant Should Know When Renting.

What If You Need to File a Complaint?

If your rights or health are affected by smoke (either due to landlord inaction or another tenant's smoking), you may need to:

• Document your concerns and steps taken to resolve them
• Contact the landlord or property manager in writing
• If unresolved, file a dispute with the NWT Rental Office using the Application to the Rental Officer (Form 1)

Official Tribunal and Relevant Legislation

The Rental Office of the Northwest Territories oversees residential tenancy matters, including disputes about smoking policies. The main law covering all rental issues is the Residential Tenancies Act (NWT)¹.

For further reference, you can read more about your Tenant Rights and Landlord Rights in Northwest Territories.

Need to look for smoke-free housing alternatives? Map-based rental search across Canada is available on Houseme.

Frequently Asked Questions About Smoking Policies in NWT Rentals

1. Can my landlord ban smoking in the middle of my lease?
   No. Any changes to smoking rules must be agreed to in writing and can't be imposed during your current lease period. Changes take effect only on renewal or with your consent.
2. What if my neighbour's smoking is affecting my health?
   Raise your concern with your landlord first in writing and try to resolve it. If the issue continues without resolution, you can file a formal application with the Rental Office.
3. Does the smoke-free policy apply to cannabis?
   Yes. Unless specifically excluded, "no smoking" rules generally cover both tobacco and cannabis. Check your lease for details.
4. Will smoking in my unit affect my damage deposit?
   Smoking-related stains, burns, or odours may be considered damage. Your landlord can deduct costs of cleaning or repairs from your deposit when you move out.
5. If I signed a lease that does not mention smoking, can I smoke inside?
   Unless restricted by law or building rules, you may be permitted to smoke. However, always check with your landlord for specific policies for your building.

Conclusion: Key Takeaways for NWT Renters

• Landlords can set non-smoking policies for rental units, but rules must be in writing and agreed to by both parties.
• Territorial and municipal laws prohibit smoking in common areas and near entrances of many rental buildings.
• Health concerns tied to second-hand smoke can be addressed through the Rental Office if not resolved by your landlord.
• Review your lease and provincial legislation to understand your exact rights.

If you are ever uncertain, consult the Rental Office or seek clarification before making decisions about smoking in your rental.

Need Help? Resources for Tenants

• Rental Office – Northwest Territories: For forms, dispute resolution, and official information.
• Residential Tenancies Act (NWT): Read the current territorial legislation.
• Smoke-free Places Act (NWT): Official information on public smoking bans.
• Local tenant support and legal aid: Contact NWT Tenant and Labour Advocacy groups for free advice and assistance.

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¹ See: Read the NWT Residential Tenancies Act.

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