Designated Smoking Areas & Rental Rules in PEI: Tenant Guide

As a tenant renting in Prince Edward Island (PEI), understanding your rights and responsibilities around designated smoking areas can help you create a safe and comfortable home environment. Knowing the provincial rules ensures you’re prepared for conversations with your landlord, prevents misunderstandings, and lets you make choices that protect your health and wellbeing. This guide explains how rental agreements, provincial laws, and building policies interact when it comes to smoking—whether tobacco or cannabis—in your rental unit or common spaces.

Understanding Smoking Rules in Prince Edward Island Rentals

In PEI, rental properties are governed by the Rental of Residential Property Act^[1] and related health regulations. Landlords and tenants both have a role in ensuring smoking rules are followed—both for legal compliance and the comfort of all residents.

What Are Designated Smoking Areas?

A designated smoking area is a specific space where smoking is permitted, often set away from entrances, windows, and shared amenities. In apartment buildings or multi-unit rentals, these areas are often established outside to reduce second-hand smoke exposure indoors. Under PEI's Smoke-free Places Act^[2], smoking (including tobacco and cannabis) is prohibited in most indoor common areas, enclosed public spaces, and workplaces—including common areas such as lobbies, hallways, laundry rooms, elevators, and stairwells in rental buildings.

Can You Smoke in Your PEI Rental Unit?

Whether you can smoke inside your unit depends on:

• The lease terms: Many leases now explicitly prohibit smoking indoors. This includes tobacco, cannabis, and sometimes vaping.
• Building policies: Landlords can designate their rental as smoke-free, and they must communicate this clearly in the tenancy agreement before you move in.
• Changes after you move in: Landlords can’t add new smoking bans mid-tenancy without your written agreement.

If you’re unsure about your unit’s policy, check your lease and discuss it with your landlord.

Your Rights and Responsibilities as a Tenant

• Follow any smoking restrictions outlined in your rental agreement or building policy.
• Respect designated areas and avoid smoking in prohibited places like hallways, entrances, or shared amenities.
• Report problems—such as others smoking in non-smoking areas—to your landlord in writing.
• If you, your guests, or other tenants cause property damage or persistent odours from smoking in violation of your lease, your landlord can hold you responsible for cleaning or repairs.

It’s important to know that repeated violations of smoking rules—especially if they disturb other tenants or cause damage—could lead to warnings or, in extreme cases, termination of your tenancy.

Landlord Obligations: Setting and Enforcing Smoking Policies

Landlords in PEI can choose to:

• Designate a rental building or unit as smoke-free
• Establish designated outdoor smoking areas
• Set clear policies in the tenancy agreement regarding tobacco and cannabis

However, new restrictions cannot be imposed on existing tenancies unless the tenant agrees in writing. When a new lease is signed, the landlord must clearly communicate the smoking policy.

Health and Safety Considerations

Second-hand smoke and lingering odours can cause health and safety concerns—especially for children, seniors, and those with respiratory conditions. PEI regulations aim to protect tenants from involuntary exposure in shared or common areas.

For more about indoor air quality and building safety, see Health and Safety Issues Every Tenant Should Know When Renting.

If you experience smoke incursions from neighbouring units or common spaces in violation of building rules or health regulations, document the issue and contact your landlord to request resolution in writing.

What To Do If There's a Dispute About Smoking Rules

Disputes can arise if tenants or landlords disagree over smoking policies, designated areas, or complaints about smoke drifting into other units. Here’s how tenants can protect their rights:

• Review your rental agreement and the building's smoking policy
• Document any concerns and when they occurred (with photos or written records, if possible)
• Request written communication with your landlord to resolve the issue informally first
• If unresolved, file a formal complaint to the PEI Residential Tenancy Office—the provincial body responsible for landlord-tenant disputes^[3]

Forms and Legal Processes for Tenants

PEI tenants have access to several official forms for dispute resolution and communications, including:

• Application for Dispute Resolution (Form 6): Used to resolve disagreements about tenancy terms, including rules about smoking, maintenance, or health concerns. Download Form 6 here. For example, if your neighbour continually smokes in non-smoking areas and the landlord does not resolve your complaint, you can file this form with the Residential Tenancy Office.
• Notice to Remedy (Form 4): Used to formally notify a tenant or landlord about violations of the rental agreement (such as unauthorized smoking). Access Form 4.

Submit completed forms to the PEI Residential Tenancy Office. Keep copies of all correspondence and forms for your records.

Related Issues: Damage Deposits and Tenant Obligations

Smoking in violation of lease terms could result in deductions from your security deposit for cleaning or remediation. It’s important to fully understand your rights—see Understanding Rental Deposits: What Tenants Need to Know—and review the Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details about keeping your rental in good condition.

For a comprehensive overview of your rights and responsibilities as a renter in PEI, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Looking for a new rental? Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can my landlord ban smoking after I move in?
   Landlords cannot change smoking policies or ban smoking in your unit during an active tenancy without your written agreement. Changes take effect for new tenants, not existing ones.
2. Are there separate rules for smoking cannabis in PEI rentals?
   Under the Smoke-free Places Act, the rules for cannabis and tobacco smoking are the same—both are banned in common areas, and subject to your lease agreement in private units.
3. What should I do if my neighbour smokes in a non-smoking area?
   Document incidents, inform your landlord in writing, and if the issue isn’t resolved, submit an Application for Dispute Resolution (Form 6) to the Residential Tenancy Office.
4. Will smoking indoors affect my security deposit?
   If you smoke in violation of your lease and it causes odours or damage, deductions may be made from your deposit for cleaning and repair costs.

Need Help? Resources for Tenants

• PEI Residential Tenancy Office – handles tenancy disputes, provides forms and legal guidance
• Smoke-free Places Act information page – guidance on indoor/outdoor smoking regulations for PEI
• Tenant Resource & Advisory Service PEI (if available) – support and advocacy for rental issues
• Legal Aid PEI – for legal assistance if your tenancy rights are affected

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1. Rental of Residential Property Act (PEI)
2. Smoke-free Places Act (PEI)
3. PEI Residential Tenancy Office

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