Rental Smoking Rules and Designated Areas in Yukon

Understanding the rules about smoking, including where it is allowed in rental properties, is essential for tenants in the Yukon. Under local, territorial, and federal law, smoking regulations aim to protect health, maintain building safety, and clarify tenant and landlord responsibilities. This guide covers what tenants should know about designated smoking areas, lease limits, health and safety, and what steps to take if issues arise.

Smoking in Yukon Rentals: The Legal Basics

Smoking rules for residential rentals in Yukon are shaped by several sources, including the Residential Landlord and Tenant Act (RLTA)¹, municipal bylaws, and federal tobacco and cannabis legislation. Landlords can include rules on smoking in the tenancy agreement, which may ban smoking entirely, allow it in designated areas, or set other limitations.

• If your lease bans all smoking, this typically covers tobacco, cannabis, and vaping unless exceptions are listed.
• If your rental allows smoking only in specific places (e.g., balconies, outside), these are your designated smoking areas.
• Landlords must comply with legal requirements but can set stricter property-specific rules in the lease.

Your Lease Agreement: What to Check

Carefully review your lease for clauses regarding smoking:

• Is all smoking banned? Is smoking of tobacco, cannabis, or vaping treated differently?
• Are there designated smoking areas? Where are they located?
• What happens if you or a visitor smoke outside of these areas?

If you’re unsure or have not received clear rules, ask your landlord to clarify in writing.

Health and Safety Concerns Related to Smoking

Secondhand smoke can significantly affect other tenants’ health and may also create safety hazards (such as risk of fire). Yukon’s landlord–tenant laws require both parties to follow health and safety standards. If smoking in undesignated areas leads to a safety or health risk, tenants can bring this to the landlord’s attention.

Learn more in Health and Safety Issues Every Tenant Should Know When Renting.

Yukon’s Tobacco and Smoking Control Act

Most multi-unit buildings in Yukon restrict smoking in common areas by law, and some municipalities have bylaws banning smoking on patios, entrances, or playgrounds neighboring rental buildings. Always check both your lease and local rules.

Password to Resolving Smoking-Related Disputes in Yukon

The Residential Tenancies Office (Yukon) is the tribunal that handles disagreements over smoking rules, damaged property, or repeated violations within a rental. Visit the Residential Tenancies Office for forms and next steps.²

Relevant Official Forms

• Application to the Director (Residential Tenancies Branch): Use this to request a resolution if informal steps do not resolve a smoking dispute.
  Example: If a neighbour continually smokes in an undesignated area, and your landlord does not address it after written complaints, apply to the Office.
  Find the form, instructions, and filing details at Application to the Director (Government of Yukon).

What If Smoking Damages or Causes Complaints?

If unauthorized smoking causes property damage (like stains, odours), tenants may be liable for costs or cleaning as per the Residential Landlord and Tenant Act. Landlords are responsible for ensuring common areas are smoke-free when required by law. For best practices when addressing complaints or obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What to Do If You Need Help or Have Ongoing Issues

Both tenants and landlords can find Canada's best rental listings platform for information and to search for smoke-free rentals that match their preferences across the country.

For a broad overview of tenant and landlord rules in your province, see Tenant Rights and Landlord Rights in Yukon.

Frequently Asked Questions about Smoking in Yukon Rentals

1. Can my landlord ban all smoking inside my apartment?
   Yes. As long as it’s stated in your lease, landlords in Yukon may prohibit smoking inside rental units.
2. What should I do if another tenant smokes where it isn’t allowed?
   First, notify your landlord in writing. If the issue continues, keep a record and contact the Residential Tenancies Office.
3. Can I request a designated smoking area if the building has none?
   It’s up to the landlord. Tenants may ask, but landlords are not required by law to provide a smoking area.
4. Am I responsible for damages or odours from smoking?
   Yes. Under the Residential Landlord and Tenant Act, tenants may be liable for cleaning and repairs caused by smoking in violation of the lease.

Key Takeaways for Yukon Tenants

• Always review and understand your lease’s smoking rules before signing.
• Write to your landlord about any issues, and keep clear records for future reference.
• Contact Yukon’s Residential Tenancies Office if informal resolution fails.

Knowing your rights and steps can help maintain a safe, healthy, and respectful rental environment.

Need Help? Resources for Tenants

• Residential Tenancies Office (Yukon) – information and forms for addressing disputes
• Residential Landlord and Tenant Act (Yukon)
• For health or safety concerns: Contact your local public health office
• Tenant support or advocacy: Yukon Public Legal Education Association, or local clinics

1. Residential Landlord and Tenant Act (Yukon)
2. Residential Tenancies Office, Government of Yukon