Smoking Rules for Tenants in PEI Rental Properties

For tenants in Prince Edward Island, smoking policies in rental units are a frequent concern—whether you’re a smoker, live with one, or simply want a smoke-free space. Understanding what’s allowed, what can be enforced by your landlord, and your rights under PEI law is essential for safe and comfortable living.

Understanding Smoking Policies in PEI Rentals

Smoking (including tobacco, cannabis, and vaping) in rental housing is governed by both the Residential Tenancy Act (PEI)^[1] and local smoke-free laws from the province. The law seeks a balance between health, reasonable enjoyment, and property safety. Landlords may set rules and limitations, but tenants have rights too.

Are Smoking Bans Legal?

Landlords in PEI can include clauses in rental agreements that prohibit or restrict smoking in private units, on balconies, or within shared spaces. This also applies to cannabis use. However, a landlord must clearly state these rules in the lease or house rules at the start of the tenancy.

• If your rental agreement prohibits smoking, you must comply—even if a previous tenant was allowed to smoke.
• If your lease is silent on smoking, it may be allowed unless local city by-laws or building-wide policies prohibit it.
• Changes to smoking policies after you move in usually require your consent or an official amendment to your lease.

Common Scenarios: Smoking Rights & Disputes

Disputes often arise when smoke drifts into neighbouring units or common areas, causing health and safety concerns. Under PEI law, tenants must not unreasonably disturb others’ enjoyment of their homes. Landlords, in turn, must provide quiet enjoyment and adequately address complaints.

• Second-hand smoke could be considered a breach of tenant and landlord obligations, especially if another tenant has medical sensitivities.
• Landlords have a duty to address complaints if second-hand smoke becomes a health or safety issue. For more on tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Your Rights and Responsibilities

Both landlords and tenants share responsibilities regarding smoking in rentals:

• Landlords must outline clear smoking rules in the rental agreement and respond to legitimate health and safety complaints about smoke.
• Tenants must comply with the lease terms and avoid interfering with the reasonable enjoyment of others.

Common health and safety complaints related to smoking—such as fire risk or second-hand smoke issues—should be reported promptly. Learn more at Health and Safety Issues Every Tenant Should Know When Renting.

What if Your Building Goes Smoke-Free?

If a landlord introduces a new smoke-free policy after you’ve already moved in, this is considered a material change to your lease. They cannot enforce this change without your written consent. Disagreements can be resolved through negotiation or, if necessary, via the Residential Tenancy Office.

Handling Smoking Disputes in Your Rental

If second-hand smoke or a policy dispute affects your living situation, follow these steps to address the problem:

• Document each incident of smoke, noting dates, times, and impacts (health, odour, etc.).
• Communicate in writing with your landlord, clearly describing the issue and any impact on health and enjoyment.
• If unresolved, you may file a formal complaint with the Residential Tenancy Office.

Forms and How to Use Them

• Form 2 – Application by Tenant: Used if you need to request an order for your landlord to address a smoking issue.
  • When to use: After you have tried to resolve the issue with your landlord, but it remains a problem.
  • How to use: Fill out Form 2 – Application by Tenant and submit it to the PEI Residential Tenancy Office.

The PEI Residential Tenancy Office is the provincial body that handles rental disputes, including those involving smoking policies.

Relevant Laws and Where to Read Them

• Residential Tenancy Act (PEI) – primary rental law^[1]
• Smoke-Free Places Act – governs smoking in public and multi-unit spaces^[2]
• Cannabis is also subject to the Cannabis Act (PEI)^[3]

For more details about your rights, see Tenant Rights and Landlord Rights in Prince Edward Island.

Practical Tips for Tenants in PEI

• Always read and keep a copy of your lease agreement
• Communicate with your landlord in writing about any smoking concerns
• Document evidence if smoke is affecting your home or health
• Consider mediation if discussions reach an impasse

For those searching for new living spaces, Find rental homes across Canada on Houseme—including smoke-free, pet-friendly, and accessible listings nationwide.

FAQs: Smoking in PEI Rental Units

1. Can my landlord ban smoking in my PEI apartment?
   Yes, if the ban is included in your rental agreement or attached house rules at the start of your tenancy. New bans after you have moved in usually require your consent.
2. Do PEI laws cover smoking cannabis in rentals?
   Yes, the same rules apply to tobacco and cannabis. Both are subject to lease terms and provincial law.
3. What can I do if smoke from another unit enters my apartment?
   First, speak with your landlord. If unresolved, document the issues and submit Form 2 – Application by Tenant to the Residential Tenancy Office.
4. Do smoking complaints qualify as health and safety issues?
   Yes; smoke can trigger allergies, asthma, or other health conditions. These issues may need to be addressed by your landlord as part of their duty to provide safe, livable housing.
5. Can I be evicted for smoking if my rental agreement doesn't mention it?
   Not usually, unless your smoking is interfering with others' reasonable enjoyment or violating local by-laws or health regulations.

Key Takeaways for Tenants

• Smoking rules depend on your lease and PEI law—always check your agreement first.
• Both tenants and landlords must consider health and safety regarding second-hand smoke.
• Clear communication and proper documentation are essential to resolve disputes.

Need Help? Resources for Tenants

• PEI Residential Tenancy Office – for filing complaints, forms, and dispute resolution
• Residential Tenancy Act (PEI)
• Smoke-Free Places information (PEI government)
• Local tenants' rights groups or legal clinics for free advice

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1. Residential Tenancy Act (PEI): View the current legislation
2. Smoke-Free Places Act (PEI): Official legislation details
3. Cannabis Act (PEI): Legislation for cannabis use and possession

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