Saskatchewan Rental Rules on Smoking and Designated Areas

Smoking regulations in Saskatchewan rental properties can affect your comfort and health, especially if you or your neighbours smoke. Knowing your rights and obligations regarding designated smoking areas helps prevent disputes and keeps everyone safe. This article explains Saskatchewan's rules for smoking in rentals, when landlords can set designated smoking areas, and what to do if issues arise.

Smoking Policies in Saskatchewan Rentals

Saskatchewan landlords have the right to set smoking rules for their rental properties, including banning smoking entirely or permitting it in certain areas. These rules must be clear in your lease agreement and align with provincial law, especially public health rules about smoking indoors.

Are Landlords Allowed to Ban Smoking?

Yes. Landlords can include a no-smoking policy for indoor and outdoor spaces, as long as the same rules apply to all tenants. If your lease prohibits smoking, that rule is enforceable.

Designated Smoking Areas

Some landlords may allow smoking in specific locations on the property, such as a backyard, balcony, or an outdoor area away from entrances and vents. These areas should be detailed in the rental agreement. Rules may include:

• Type of smoking allowed (tobacco, cannabis, vaping, etc.)
• Time restrictions
• Safe disposal of cigarette butts or cannabis remnants

If your rental has a designated smoking area, all tenants and guests must respect these rules for the comfort and safety of others.

Provincial Law and Health Protections

In addition to your lease, provincial legislation and municipal bylaws regulate smoking. The Tobacco Control Act contains rules about smoking in multi-unit buildings and shared spaces. Generally, smoking is banned in shared indoor areas (hallways, laundry rooms, lobbies) in apartment and condo buildings.^[1]

If second-hand smoke from another unit is affecting your health or enjoyment of your home, this may be considered a Health and Safety Issue Every Tenant Should Know When Renting. You have the right to live in a safe and healthy environment.

What to Do If You're Affected by Smoking in Your Rental

If you experience unwanted smoke, follow these steps:

• Document when and where the smoke occurs
• Check your lease and building policies for smoking rules
• Talk to your landlord or property manager about the issue
• If the issue continues, you can file a complaint with Saskatchewan's Office of Residential Tenancies

Filing a Complaint with the Office of Residential Tenancies (ORT)

The Office of Residential Tenancies (ORT) handles disputes between landlords and tenants in Saskatchewan. If smoke is making your home unlivable or violating your lease, you can apply to the ORT. Use the "Application for Hearing" form to present your case.^[2]

• Form Name: Application for Hearing
• When to Use: If your landlord doesn't resolve a serious smoking-related issue after you report it
• How to File: Complete the Application for Hearing (PDF) and submit it to the ORT

Include detailed notes, copies of your lease, and any communications with your landlord.

Tenants' Rights and Responsibilities

Both tenants and landlords have rights and obligations. Tenants must follow rules in the lease. Landlords must ensure the property is fit to live in. For more on these mutual duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Smoking-related disputes sometimes connect to other issues, such as property damage or health complaints. Most disagreements are resolved by talking with your landlord, but the ORT is available for formal disputes.

Other Common Issues and Taking Action

Problems around smoking in rentals often go hand in hand with questions about health, cleanliness, and property maintenance. For tips on prevention and resolution of issues that may arise, see Common Issues Tenants Face and How to Resolve Them.

If you’re considering a move due to smoking-related discomfort, you can Explore Houseme for nationwide rental listings to find homes with non-smoking policies or designated smoking spaces.

For a full overview of tenant rights and landlord rules in your province, visit Tenant Rights and Landlord Rights in Saskatchewan.

Frequently Asked Questions about Smoking Areas in Saskatchewan Rentals

1. Can a landlord ban all smoking, including cannabis, in rental units?
   Yes. Landlords can prohibit both tobacco and cannabis smoking in your lease agreement. This is enforceable as long as it is stated clearly.
2. What if second-hand smoke from another unit is making me sick?
   If talking to your landlord doesn't resolve it, document the problem and consider applying to the Office of Residential Tenancies to resolve a health or lease violation.
3. Is vaping covered by these smoking rules?
   Yes, most leases and the law treat vaping like smoking, so rules usually cover both. Check your lease or ask your landlord for specifics.
4. Are there forms I need to use if I want to make a formal complaint?
   Yes. Use the Application for Hearing form from the Office of Residential Tenancies to file a formal complaint about unresolved smoking issues.

Key Takeaways for Renters

• Check your rental agreement for smoking policies and designated areas before you sign.
• You have the right to a healthy living environment—unwanted smoke can be challenged.
• If informal steps do not work, you can take formal action with Saskatchewan's ORT.

Understanding and respecting the rules helps keep disputes to a minimum and protects everyone’s comfort and health.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): For filing complaints and hearing applications
• Tobacco Control Act (provincial legislation)
• Saskatchewan Public Health: For reporting issues affecting your health
• Tenant Rights and Landlord Rights in Saskatchewan: Comprehensive rights and resources

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1. Saskatchewan, Tobacco Control Act (current as of 2024)
2. Saskatchewan, Office of Residential Tenancies (ORT) – rental dispute process and forms

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