Nunavut Tenant Guide: Smoking Policies in Rental Units

If you are renting in Nunavut, understanding your rights and responsibilities around smoking in your rental unit is important—for both your comfort and your safety. Nunavut's laws allow landlords to set their own policies on smoking, but there are also protections in place to ensure tenants are treated fairly. This guide explains what you need to know about smoking policies in Nunavut rental homes, what the law says, how landlords can enforce smoking rules, and what you can do if there is a dispute.

What Are Smoking Policies in Nunavut Rentals?

In Nunavut, there is no territory-wide ban on smoking in private rental homes. However:

• Landlords can set rules about smoking (including tobacco, cannabis, or vaping) in their rental units or on the property.
• These rules must be clearly stated in the rental agreement signed by both landlord and tenant.
• Provincial and federal laws ban smoking in indoor common areas of apartment buildings, workplaces, and public spaces.

Your rental agreement is the most important document to check for any restrictions or permissions related to smoking in your unit. If you are unsure of your rights, it's a good idea to review the law and your lease together.

What Does Nunavut Tenancy Law Say?

Residential tenancies in Nunavut are governed by the Nunavut Residential Tenancies Act^[1]. The Act does not explicitly mention smoking but does allow landlords and tenants to agree on house rules, including smoking terms, as part of the tenancy agreement.

The Nunavut Residential Tenancies Act (full text) also outlines processes for resolving disputes, ending tenancies, and maintaining health and safety standards.

Health, Safety, and Nuisance Issues

• Smoking indoors can affect air quality and cause odours or damage to the unit, which landlords may consider a violation of health and safety rules or a "nuisance."
• If smoking results in damage or interferes with other tenants' reasonable enjoyment, landlords may have grounds to issue a warning or seek to end the tenancy.
• Landlords must still follow the Act’s proper procedures for warnings, notices, and applications to end a tenancy.

See more about Health and Safety Issues Every Tenant Should Know When Renting for tips on maintaining a healthy rental home.

How Can Landlords Set or Change Smoking Policies?

Landlords can include "no smoking" policies (covering cigarettes, cannabis, or vaping) in new tenancy agreements. If a landlord wishes to add or change a smoking restriction during an existing tenancy, this is considered a change in the terms of the lease.

• Any such change must be made by mutual agreement with the tenant.
• Unilateral changes are not allowed unless both parties sign a new agreement or an addendum.

If you're experiencing lease changes or other issues, read more about Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Smoke-Free Housing: What Tenants Should Know

Some rental properties in Nunavut are advertised as smoke-free. This will be clearly stated in your agreement. If you need smoke-free accommodation—due to allergies, respiratory concerns, or personal preference—be sure to verify the policy in writing before you sign.

When looking for smoke-free rentals Browse apartments for rent in Canada for options across the country and to see local listings.

Smoking and Cannabis in Rental Units

Both tobacco and cannabis are legal to use in Nunavut, but landlords are allowed to restrict their use on their property. This covers:

• Smoking tobacco
• Vaping or e-cigarettes
• Smoking or vaping cannabis
• Odour-related neighbour complaints

If your rental agreement does not mention cannabis, it is best to discuss this with your landlord in advance or, if needed, bring the issue to the territory’s dispute resolution mechanism.

What If There Is a Dispute Over Smoking?

The Nunavut Residential Tenancies Office (RTO) handles disputes between landlords and tenants, including those about smoking policies, health and safety issues, and property damage.

• If you are facing eviction or a warning due to alleged smoking or odours, the RTO process allows you to respond, present evidence, and seek a fair hearing.
• You can file a complaint or application using the RTO’s forms and guidance. These include:
• Application to the Residential Tenancies Office (no official number): Download the form
  Example: If a landlord is threatening eviction for smoking and you believe you have not violated the lease, you can submit this form to request a hearing with the RTO.
• Notice of Termination of Tenancy (Landlord): View the form
  Example: If a landlord claims you breached a no-smoking rule, they must give you this notice, explaining the violation and providing details of your rights to respond.

When disputes arise, it’s important to gather any evidence (such as photos, letters, or witness statements) and respond promptly to notices.

Tenant Rights and Landlord Rights in Nunavut

For a more complete overview of both tenant and landlord rights—including on topics like repairs, lease renewals, and ending your tenancy—see Tenant Rights and Landlord Rights in Nunavut.

Frequently Asked Questions About Smoking in Nunavut Rentals

1. Can my landlord ban smoking in my rental unit in Nunavut?
   Yes. Landlords can set no-smoking rules as part of your rental agreement. These policies must be included in your lease at the start, or agreed to later in writing by both parties.
2. What if there is nothing about smoking in my lease?
   If your tenancy agreement is silent on smoking, there may be no prohibition. However, you are still expected to avoid causing nuisance or property damage, which can be grounds for warnings or eviction if issues arise.
3. Are cannabis and vaping covered by smoking bans?
   Yes. Most no-smoking policies in Nunavut cover tobacco, cannabis, and vaping. Always check your agreement for specific terms.
4. What should I do if I get a warning or eviction notice for smoking?
   Respond promptly in writing, collect any evidence you have (such as your lease, communications, or photographs), and consider applying to the Nunavut RTO for dispute resolution if you disagree with the notice.
5. Can my landlord change the smoking policy mid-tenancy?
   No. Landlords cannot unilaterally change your lease terms about smoking unless you both agree to the new rule in writing. Changes must be by agreement only.

Conclusion: Key Takeaways

• Landlords in Nunavut can set smoking rules in your lease—read your rental agreement carefully.
• Any changes to smoking policies require your consent if you already live in the unit.
• Disputes over warnings or eviction notices regarding smoking can be handled with the Nunavut RTO.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office (RTO) — Tenancy dispute resolution, information, and complaint forms
• Nunavut Department of Justice: Residential Tenancies — Official resources, forms, and guidance
• Tenant Rights and Landlord Rights in Nunavut — Easy-to-read summary of tenant and landlord rights in the territory
• Explore rental homes in your area for current smoke-free or pet-friendly listings across Canada

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1. Nunavut Residential Tenancies Act
2. Nunavut Residential Tenancies Office
3. Nunavut Residential Tenancies Act (full text)
4. Application to the Residential Tenancies Office (Tenant and Landlord)
5. Notice of Termination of Tenancy (Landlord)

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