Smoking Policies for Rental Units in Yukon: Tenant Guide

Understanding smoking policies is vital for tenants in Yukon, especially when moving into or living in a rental. Both landlords and tenants have rights and responsibilities when it comes to smoking in residential units, whether it involves tobacco, cannabis, or vaping products. This guide explains current Yukon law, what to expect in a rental agreement, how to address smoking issues, and where to find official help.

Can Landlords Ban Smoking in Yukon Rentals?

In Yukon, landlords are allowed to include no-smoking clauses in rental agreements. These prohibitions may apply to tobacco, cannabis, and vaping inside rental units as well as on balconies, patios, or common areas. It's important to note that unless a ban is written into your lease, there is generally no automatic, territory-wide rule prohibiting smoking inside rental units.

• No-smoking rules must be clearly stated in the rental agreement.
• Both new and existing tenancies may include no-smoking rules, but changes to existing agreements usually require tenant consent.
• Landlords cannot add smoking bans mid-lease unless both parties agree in writing or as part of a lease renewal.

What the Law Says in Yukon

Yukon's main rental law, the Residential Landlord and Tenant Act, governs all rights and responsibilities related to smoking in rentals. The Act does not automatically ban smoking but gives landlords the right to set house rules, as long as these don’t infringe on a tenant’s legal rights or privacy.^[1]

If your landlord wants to implement a new smoke-free policy, you must agree before it’s added to your existing lease.

Tenant Rights and Responsibilities with Smoking

Tenants have the right to quiet enjoyment and a safe, healthy home. This includes protection from second-hand smoke if it interferes with your comfort or health. If your neighbour’s smoking is causing problems, or if you have respiratory health issues aggravated by smoke, you may have several options:

• Speak directly with your neighbour or your landlord about your concern.
• File a written complaint if smoking causes health or safety issues (like smoke travelling through vents).
• If the issue persists, you may apply to Yukon's Residential Tenancies Office to resolve the dispute.

For general health and maintenance concerns related to smoke exposure, see Health and Safety Issues Every Tenant Should Know When Renting.

Cannabis and Vaping in Yukon Rental Units

While cannabis is legal across Canada, landlords in Yukon may prohibit its use—just like tobacco—in rental agreements. That includes smoking, vaping, and sometimes even growing cannabis plants inside a rental property. Always check your lease for specific terms. Local bylaws or building-specific rules may also apply.

When Smoking Causes Problems: Complaints and Disputes

If you are affected by unwanted smoke or believe your landlord is not enforcing a smoking ban, you should take these steps:

• Document the situation: Keep records of dates, times, and the impact of the issue.
• Seek to resolve informally: Calmly discuss with your neighbour and/or landlord first.
• File a written complaint: Submitting your concern in writing gives your landlord an opportunity to address it formally.
• Apply to the Residential Tenancies Office: If informal methods don’t solve the problem, you can request a hearing.

For broader information on tenant-landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Forms and How to Use Them

• Application to Resolve a Dispute (Form 15): Used to ask the Residential Tenancies Office for help when a smoking-related issue cannot be resolved informally.
  Example: If you repeatedly experience smoke entering your unit from another apartment and your landlord has not addressed it, fill out Form 15 to request a hearing.
  Download Form 15: Application to Resolve a Dispute

You’ll need to provide details, evidence, and any steps you’ve taken to resolve the issue before submitting your application.

Health, Safety, and Lease Considerations

Second-hand smoke can be harmful, especially for families, seniors, or those with health conditions. Premises must comply with basic health standards—if smoke is making your home unhealthy, you may have reason to ask for repairs or other remedies. For health and repair concerns linked to smoke, consult Yukon’s minimum standards and tenant rights resources, such as the Residential Tenancies Office.

Smoking (or vaping) in breach of your lease can also impact your tenancy. Violating a no-smoking clause could lead to warnings or even eviction, depending on the severity and frequency of the breach. Always review your rental agreement carefully.

If you’re looking for more general advice on issues that can arise between renters and landlords, read Common Issues Tenants Face and How to Resolve Them.

Where to Get Official Help in Yukon

Disputes over smoking in rental units are managed by the Residential Tenancies Office (RTO). The RTO provides guidance, handles complaints, and holds hearings on rental issues within Yukon.

For a broad overview of your rights, visit Tenant Rights and Landlord Rights in Yukon.

Want to find housing that fits your needs? Explore Houseme for nationwide rental listings.

FAQ: Yukon Rental Smoking Policies

1. Can my landlord ban smoking after I’ve already moved in?
   If it’s not in your current agreement, new rules can only be added if you agree or upon lease renewal. Otherwise, your landlord cannot add a smoking ban mid-tenancy without your consent.
2. Are cannabis and vaping treated differently from tobacco in Yukon rentals?
   No. Landlords may prohibit tobacco, cannabis, and vaping alike if written into the lease. Always check your rental agreement for details.
3. What can I do if my neighbour’s smoke is affecting my health?
   Document the problem, notify your landlord in writing, and contact the Residential Tenancies Office if it continues.
4. Could I be evicted for smoking in a non-smoking building?
   Yes, repeated violations of a clear no-smoking clause could result in warnings or eventual eviction under the Residential Landlord and Tenant Act.

Conclusion: Key Takeaways for Yukon Tenants

• Smoking rules in Yukon rentals depend on your individual agreement—always read your lease carefully.
• Landlords can prohibit smoking, cannabis use, and vaping if specified in writing.
• If smoke exposure affects your health or enjoyment, you have routes to complain and seek a formal resolution.

A little preparation can help you secure the smoke-free environment you want, or address problems with minimum stress.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office: Information, forms, and dispute resolution
• Phone: 867-667-5944 | Email: rto@gov.yk.ca
• Yukon Government Tenant Support: Help for tenants with questions about health, safety, and rental agreements
• Tenant Rights and Landlord Rights in Yukon: Full fact sheet on tenant and landlord rights in the Yukon Territory

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1. Residential Landlord and Tenant Act, Yukon. Read the full legislation
2. Residential Tenancies Office, Government of Yukon. Dispute Resolution and Forms

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