Nova Scotia Tenant Guide: Smoking Rules in Rental Units

As a tenant in Nova Scotia, understanding the rules and policies regarding smoking in rental units is essential to ensure a comfortable living environment and avoid issues with your landlord. Smoking policies can affect your lease, security deposit, and overall enjoyment of your home. This guide explains key aspects of Nova Scotia's smoking regulations for rental housing, outlines tenant rights, and provides practical steps for addressing related complaints or disputes.

Can Landlords Ban Smoking in Nova Scotia Rentals?

In Nova Scotia, landlords can restrict or prohibit smoking—including tobacco, cannabis, or vaping—in a rental unit or on rental property. These rules are usually outlined in your lease agreement. If you signed a lease that includes a no-smoking policy, you are legally required to follow it.

Types of Smoking Policies

• No-Smoking Units or Buildings: Some landlords designate entire buildings or units as 100% smoke-free.
• Restricted Smoking Areas: Smoking may be allowed only in certain areas, such as outside balconies or designated outdoor spaces.
• Partial or No Restrictions: If your lease does not mention smoking, the default is that smoking is permitted, but only if it doesn't interfere with other tenants' rights or health.

It's important to review your lease before moving in. For more details about issues to check when settling in, see Essential Tips for Tenants When Moving Into a New Rental Home.

What If Your Lease Changes?

Landlords cannot change smoking rules mid-lease without your written agreement. New clauses about smoking (or any rule changes) must be added when a lease is renewed or extended—both parties must agree.

For Existing Tenants

• If your current lease allows smoking, your landlord cannot ban it without your consent until the lease renews.
• If you refuse to add a no-smoking clause on renewal, your landlord may choose not to renew your tenancy (with proper notice).

For a closer look at tenant and landlord rights about policy changes, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Health and Safety Impacts

Second-hand smoke can affect the comfort or health of others in your building. If your smoking causes safety or health problems (e.g., triggering fire alarms, impacting neighbours with allergies), your landlord may have a valid reason to request a change—even outside of a no-smoking clause.

If you are suffering health issues due to smoke from another unit, you may have grounds to make a formal complaint. See Health and Safety Issues Every Tenant Should Know When Renting for advice on your legal remedies.

Relevant Legislation

In Nova Scotia, tenant and landlord relations are governed by the Residential Tenancies Act (RTA), and you can confirm your rights with the Nova Scotia Residential Tenancies Program^[1].

Making a Complaint About Smoking or Second-hand Smoke

If a neighbour is not following the building's smoking policy, or second-hand smoke is causing you harm, you should take the following steps:

• Record the problem (dates, times, and impact).
• Talk to your landlord or property manager and outline your concerns clearly.
• Put your complaint in writing if the issue continues.
• Ask your landlord to address the breach if another tenant is violating the policy.

Filing an Application to the Residential Tenancies Program

If informal steps don't resolve the issue, you may apply to the Nova Scotia Residential Tenancies Program for dispute resolution. The official form is Form K – Application to Director, used for tenant complaints or to enforce terms of your lease.

• When to Use: File when your landlord does not address your smoke-related complaint or if you are accused of violating a smoking policy you believe to be unfair or incorrectly enforced.
• How to Access: Download Form K: Application to Director from the government website.
• Practical Example: A tenant experiencing ongoing tobacco smoke from a neighbouring unit, after landlord inaction, files Form K to request intervention.

Consequences for Breaking Smoking Rules

Violating a no-smoking policy in your building or lease agreement may lead to:

• Warnings or written notice from your landlord
• Paying for cleaning or smoke-related repairs
• Termination of your tenancy (with due process under the law)

If your landlord seeks to end your tenancy due to a breach, they must use Form D – Notice to Quit. You can find this form and its instructions on the official Nova Scotia government page.

Key Tips for Nova Scotia Tenants

• Always read and understand the smoking policy before you sign your lease.
• If in doubt, ask your landlord or get clarification in writing.
• Address disputes promptly and keep records of all communications.

If you need to move due to unresolved smoke complaints, consider checking out Find rental homes across Canada on Houseme.

For a broader look at your rights locally, visit Tenant Rights and Landlord Rights in Nova Scotia.

Frequently Asked Questions: Smoking in Nova Scotia Rentals

1. Can my landlord ban smoking after I’ve already moved in? Usually, your landlord can only ban smoking at lease renewal, not during your current lease term, unless you agree in writing.
2. If my neighbour’s smoking bothers me, what should I do? Try talking to your neighbour politely first, then raise the issue with your landlord. If it persists, make a formal written complaint and consider applying to the Residential Tenancies Program.
3. What happens if I break the no-smoking rule in my lease? Your landlord can issue a warning or a notice to quit. You may also be liable for cleaning or repair costs caused by smoke.
4. Is cannabis included under no-smoking rules? Yes. Most no-smoking clauses in Nova Scotia cover tobacco, cannabis, and vaping.
5. Can new policies be added if new tenants move in? Smoking rules can only change with each new lease or upon renewal. New tenants will be subject to the lease in effect when they move in.

Key Takeaways for Tenants

• Smoking policies are binding if written into your lease and can cover tobacco, cannabis, and vaping.
• Landlords can't change smoking rules mid-lease without your agreement.
• Document any smoking-related disputes and know when to seek help from the Residential Tenancies Program.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancies Program: For applications, forms, and dispute resolution.
• Nova Scotia Residential Tenancies Act: Read the full legislation.
• Legal Information Society of Nova Scotia: Free tenant advice and support. Visit their website
• For new homes, Find rental homes across Canada on Houseme
• Review Tenant Rights and Landlord Rights in Nova Scotia for a comprehensive overview.

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1. [1] Nova Scotia Residential Tenancies Program
2. [2] Residential Tenancies Act of Nova Scotia

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