Designated Smoking Areas and Rental Rules: Tenant Guide for Quebec

Living in a rental property in Quebec comes with specific rules about smoking, including designated smoking areas and landlord restrictions. Understanding your rights and obligations is vital—both for your own comfort and to ensure compliance with Quebec's laws. This article guides tenants through the latest regulations, rental agreement considerations, and steps you can take if smoking rules affect your tenancy.

Quebec Laws: Smoking in Rental Properties

Quebec has some of Canada's strongest smoke-free laws for rental housing. The Tobacco Control Act prohibits smoking in common areas of residential buildings with more than two units, such as lobbies, hallways, elevators, stairwells, laundry rooms, and garages^[1]. However, smoking inside individual private units depends on the terms set out in your lease.

Designated Smoking Areas in Buildings

Landlords may create designated smoking areas outside the building, provided these spaces meet requirements such as being a sufficient distance from doors, windows, and air intakes, and conforming to municipal bylaws. Usually, smoking areas:

• Must be clearly marked and well ventilated
• Cannot be in any indoor common areas
• Should respect a minimum distance of 9 metres from doors and windows (municipal rules may require more)

Check with your landlord or property manager to confirm if a designated area exists and its exact location.

Your Lease: Smoking Clauses and Rental Rules

Whether you can smoke inside your unit is determined by your lease. If a landlord wants to make the entire property, including private units, smoke-free, the restriction must be clearly stated in your written lease agreement.

• Existing tenants without a non-smoking clause generally retain their right to smoke in their units, unless all parties agree to modify the lease or rules change under new tenancy.
• New tenants or those signing lease renewals may be asked to agree to a non-smoking provision.

If you're unsure, review your signed lease or seek clarification from your landlord. You can learn more about rental agreements and ongoing rights in What Tenants Need to Know After Signing the Rental Agreement.

Amending Your Lease: Adding or Changing Smoking Rules

Landlords cannot unilaterally change the smoking rules for your unit during the term of your lease. Changes—such as making an existing building smoke-free—require all affected tenants to agree in writing, or the revision can only apply at lease renewal. The official form used in Quebec to amend lease conditions is:

• Form: Modification of a Lease (Régie du logement, Form MR-233)

When to use: If you and your landlord agree to a new non-smoking clause, this form ensures the lease is legally updated. For example, if you wish to consent to a smoke-free policy for your unit during an ongoing lease, both parties sign and submit the form. Access the Modification of a Lease Form (MR-233) here.

If Smoking Results in Disputes or Complaints

Smoking—be it tobacco or cannabis—can sometimes cause disputes between tenants or with the property owner, especially in multi-unit buildings. Common issues include:

• Second-hand smoke entering other apartments
• Disagreement over the existence or enforcement of smoking bans
• Concerns about fire safety or property damage due to smoking

Tenants affected by smoking (or accused of breaching smoking rules) may file a complaint with the landlord or, if not resolved, apply to Quebec’s official tenancy tribunal.

• Tribunal administratif du logement (TAL) is Quebec’s residential tenancy tribunal. Visit the Tribunal administratif du logement website.

Key Tenant Rights and Responsibilities

As a tenant in Quebec, your responsibilities and protections around smoking include:

• Following all lease terms about smoking
• Respecting designated smoking areas and smoke-free rules
• Ensuring you do not interfere with other tenants’ peaceful enjoyment (including exposing them to unwanted smoke)

If another tenant’s smoking affects your health, you may have rights under health and safety rules. See Health and Safety Issues Every Tenant Should Know When Renting for more details.

Relevant Quebec Tenancy Law

Quebec’s Civil Code of Quebec – Book Five: Obligations governs residential leases and tenant protections regarding smoking, in addition to the Tobacco Control Act.^[2]

You may also read about broad tenant rights in Quebec on the Tenant Rights and Landlord Rights in Quebec page.

For those looking for new homes, Explore Houseme for nationwide rental listings to view smoker-friendly or smoke-free options.

FAQ: Tenant Questions About Smoking Rules in Quebec

1. Can my landlord ban smoking in my apartment if it wasn’t in the lease?
   Not during the current lease term. Only new leases or modifications with your written consent can add smoking bans for your private unit.
2. Are there penalties for smoking in common areas?
   Yes. Smoking in prohibited common areas can result in fines under the Tobacco Control Act, and repeated violations may affect your tenancy status.
3. I’m bothered by second-hand smoke from my neighbour. What can I do?
   Speak to your landlord first. If unresolved, you can apply to the Tribunal administratif du logement, especially if your health or peaceful enjoyment is affected.
4. Is medical cannabis treated differently from tobacco in rentals?
   No. Smoking or vaping medical cannabis is subject to the same rules as tobacco unless a specific medical accommodation is granted; always check with your landlord and the TAL.
5. Can smoking rules be changed for everyone in the building at once?
   Only if all affected tenants agree or upon renewal for each lease; a landlord cannot force a mid-lease change unilaterally.

Conclusion: 3 Key Takeaways

• Quebec law strictly limits smoking in common areas and enables smoke-free apartments through lease clauses.
• Landlords must clearly state smoking bans in the lease, and changes require your agreement during your tenancy.
• If smoking rules cause problems, file complaints with landlords first, then seek a resolution through the Tribunal administratif du logement.

Staying informed about your lease terms and tenant rights can protect your health and tenancy—always ask questions if unsure.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL): Official residential tenancy tribunal for disputes and tenant forms.
• Éducaloi: Housing & Tenancy Rights: Plain-language resources on Quebec housing law (government-funded).
• Ministry of Health and Social Services – Tobacco Control: Laws and public health information about smoke-free housing.
• For general guidance, your municipal housing authority or local legal clinic can support tenant needs.

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1. See Tobacco Control Act of Quebec
2. See Civil Code of Quebec (Landlord–Tenant Law)

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