What Yukon law says
Yukon residential tenancy matters are governed by territory legislation that defines landlord and tenant rights, and by the government office that handles tenancy information and dispute processes. Tenants should read the Residential Landlord and Tenant Act and related guidance to see how smoking and vaping fit into rules for occupancy and habitability.[1] For general renter guidance from the Government of Yukon, see the official renting pages and consumer information.[2] If you need official forms or to apply for dispute resolution, the Residential Tenancies Office provides forms and instructions.[3]
Lease clauses and smoke-free buildings
Landlords commonly include no-smoking or no-vaping clauses in lease agreements. Such clauses can apply to individual units, common areas, balconies and yards. If your lease contains a smoke-free clause, it is a contractual term you must follow while the lease is in effect. Conversely, if your building does not have such a clause, a landlord may add one at renewal or for new tenants with proper notice and in compliance with territorial rules. For guidance on landlord and tenant duties around habitability and safety, consult Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Health and nuisance concerns
Second-hand smoke and vapour can affect other tenants. If smoke from another unit or a neighbouring property enters your home and interferes with your reasonable enjoyment, you have practical and legal steps to take. For health-related considerations and tips for documenting issues, see Health and Safety Issues Every Tenant Should Know When Renting.
What to do if smoke or vape drifts into your unit
- Document each incident with dates, times, photos and a short description.
- Notify your landlord in writing, explain the effect on habitability or enjoyment, and request steps to stop the intrusion.
- Ask for practical fixes such as weather-stripping, vent adjustments, or designated smoking areas to reduce infiltration.
- If the issue continues, contact the Residential Tenancies Office for advice about filing a dispute or application.
When you write to your landlord, be clear, keep a copy, and set a reasonable deadline for a response. If the landlord fails to act, you may apply for dispute resolution or enforcement through the territory's processes. Practical examples of forms you may use include the Notice to End Tenancy templates and an Application for dispute resolution; these forms and instructions are available from the Residential Tenancies Office and the Government of Yukon website.[3]
FAQ
- Can my landlord ban smoking or vaping in my Yukon rental?
- Yes. A landlord can include a no-smoking or no-vaping clause in a lease; tenants must follow lease terms while they are in effect. If a landlord adds such a rule for renewing or new leases, tenants should get clear notice.
- What if smoke from another unit makes my home uninhabitable?
- Document the problem, tell your landlord in writing, request remedial action, and if needed file an application with the Residential Tenancies Office for dispute resolution.
- Are there official forms I must use to file a complaint?
- Yes. The territory provides specific forms and guidance for notices and applications. Use the official forms from the Residential Tenancies Office to ensure your submission is accepted.
- Can I withhold rent if smoke makes the unit unhealthy?
- Withholding rent is risky. Follow the territory's dispute processes and get advice from the Residential Tenancies Office before taking payment-related actions.
How-To
- Gather evidence: keep a dated log, photos, and any messages showing the problem.
- Send a clear written notice to your landlord describing the issue and requesting action within a reasonable time.
- If the landlord does not resolve the problem, complete and submit an official application or dispute form to the Residential Tenancies Office.
- Attend any scheduled hearing or mediation, bringing your documentation and witnesses if available.
Key Takeaways
- Lease clauses can lawfully restrict smoking and vaping in Yukon rentals.
- Document incidents carefully and communicate in writing with your landlord.
- Use official forms and the Residential Tenancies Office process for unresolved disputes.
Help and Support / Resources
- Contact the Government of Yukon: Renting a home
- Contact the Residential Tenancies Office and consumer information
