Smoking and Cannabis in an Alberta Lease

Yes. The RTA Handbook says a landlord or condo board may prohibit the smoking of all substances, including cannabis, in their buildings or on their properties. A landlord may also prohibit growing cannabis in the rental agreement.

The ban works because it is a term of the tenancy, not because a provincial law bans smoking inside a unit. No provincial ban on smoking inside a private unit was found, so your lease is what makes it enforceable.

The Tobacco, Smoking and Vaping Reduction Act bans smoking and vaping in a "public place". That term includes the common areas of a multi-unit residential building, such as patios, pools, other recreation areas and enclosed parking garages. The Gaming, Liquor and Cannabis Act bans smoking or vaping cannabis wherever tobacco smoking is banned, so the common-area ban covers cannabis too.

One narrow exception runs the other way. A private residence counts as a workplace, and so is smoke-free, if a home business is run there and the owner has employees who work in the home but do not live there.

Tenants renting a condo must also follow the condo bylaws, whether or not those bylaws appear in the tenancy agreement. Check the bylaws before you write your own clause.

The easiest time is before the lease is signed. Put the rule in the agreement, point to it, and the tenant agrees to it by signing.

Mid-tenancy is different. The Handbook says landlords can change or add rules during the tenancy only with the tenants' written consent. Without that consent, a new rule cannot be imposed until the tenancy ends. In the same way, the agreement cannot be changed unless both parties agree or the law allows it, and any change should be in writing and signed by both of you.

A periodic tenancy can end only for the prescribed reasons, and a new house rule is not one of them. So if you want a ban added to a running tenancy, ask the tenant for a signed amendment. For fixed terms, the new rule can go into the next agreement.

A clear clause avoids arguments later. Cover these points:

• Substances: tobacco, cannabis, vaping devices and any other smoking.
• Places: inside the unit, and any balcony, patio, yard or other area you want covered.
• Growing: state whether growing cannabis is allowed. The Handbook confirms you may prohibit it.
• Cleaning: a landlord can deduct cleaning from the deposit only if the tenant agreed to it, so say what the tenant agrees to.
• Required statement: a written lease must still carry the larger-print statement. See the Alberta forms and wording guide.

The Handbook also notes that restrictions on medical cannabis use in rentals have not been addressed in Alberta courts or legislation. If a tenant raises a medical need, get legal advice before you act.

1. Document it. Write down dates, what you saw or smelled, and any complaints from neighbours.
2. Warn in writing. Point to the lease clause and ask the tenant to stop.
3. If it continues, consider a 14 day notice for a substantial breach. The Handbook says that repeated violation of smoking rules may be a substantial breach, and that the landlord may apply to terminate the tenancy.
4. Expect an objection. The tenant can object in writing before the 14 days end. Then you must apply to RTDRS or court, and the tenant may stay until there is an order.

One incident may not be enough. See what to do if a tenant violates the lease and how to evict a tenant in Alberta.

Smoke damage is a deposit question, not just a lease one. The Handbook says cigarette burns are not normal wear and tear, and no deduction is allowed for normal wear and tear. You can make deductions only as the tenant agreed in the lease, and damage deductions require that the move-in and move-out inspection reports were done. The Alberta landlord security deposit guide covers the deadlines.

Disputes go to the Residential Tenancy Dispute Resolution Service or the Court of Justice. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.