Smoking, Vaping and Cannabis in a PEI Rental

The Residential Tenancy Act has no rule about smoking or vaping. The Office of the Director of Residential Tenancy (the Rental Office) says on its FAQ page that a tenant can be evicted for smoking in the unit, but it gives no detail. So the practical tool is a clear term in the lease.

Cannabis is different, because the provincial Cannabis Control Act speaks to growing and to where it can be consumed. Both are covered below. For lease basics, see PEI lease agreements.

Write the clause in plain words and put it in the lease before the tenant signs. Cover these points:

1. Say what is banned: smoking tobacco, smoking cannabis and vaping, including e-cigarettes.
2. Say where: inside the unit, and any other place you want covered, such as a balcony or the yard.
3. Say who is bound: the tenant and everyone the tenant lets in.
4. State what happens on a breach, such as written notice to stop and a repair claim for damage.
5. Cover cannabis plants separately: no growing without your written permission.

The Rental Office's Form 1 has a section for additional terms. Those terms must not conflict with the Act and must be initialled by both landlord and tenant. The wider form rules are in the PEI landlord forms guide.

A landlord cannot change lease terms alone. Outside the statutory conditions, a term can change only if both sides agree, or the Director orders that the other side's agreement is not needed. A no-smoking rule added mid-tenancy is a new term, so it needs the tenant's agreement. The research found no smoking-specific rule that works differently.

The research found no rule that lets a landlord impose a new term at renewal, and refusing a new term is not among the listed for-cause grounds. Do not tell a tenant they must sign a no-smoking term or leave. Offer a written amendment, give them time to think, and keep a signed copy.

For a tenant who will not agree, the practical path is to apply the clause to the next tenancy. For breaches of an existing term, see what to do if a tenant violates the lease.

This guide does not state whether provincial smoking law covers the hallways or stairwells of a rental building. The research did not find an official source applying it to apartment buildings. If the shared spaces matter in your building, write them into the lease and the building rules, and ask the Rental Office how it applies to you.

The Act does say that the tenant and anyone the tenant admits must not unreasonably interfere with the rights, quiet enjoyment and reasonable privacy of the landlord or other tenants. Smoke drifting into a neighbour's unit can raise that issue.

• Growing. Under section 12(3) of the Cannabis Control Act, nobody may grow recreational cannabis in a rented home unless the landlord has permitted it in writing. In a condo unit, the condo bylaws must also allow it. The Act does not give a plant limit that this guide can state, so use the number you allow in your written permission.
• Consuming. A person aged 19 or older may consume cannabis in a private dwelling if they are the occupant or have the occupant's consent. A tenant is an occupant.
• Smoking. The Cannabis Control Act does not authorize smoking cannabis where the Smoke-free Places Act bans smoking.
• Medical cannabis. It is outside most of the Cannabis Control Act, so the written-permission rule for growing does not apply to it. Ask the Rental Office before refusing a tenant who grows for medical use.

A clause banning growing without permission is therefore consistent with the Act. The Smoke-free Places Act text is on the provincial legislation site.

1. Talk to the tenant and give a written warning that refers to the lease term.
2. If it continues, give written notice to fix the breach. A material breach not fixed after written notice is a ground for a for-cause notice. Whether a smoking breach counts is for the Director to decide.
3. A for-cause notice ends the tenancy not earlier than one month after the tenant receives it, on the day before rent is due. The tenant has 10 days to dispute.
4. If the tenant stays, apply to the Director on Form 2B. Only the Director's order, sent to the sheriff, can remove them.

For damage, tenants must leave the unit reasonably clean and undamaged except for reasonable wear and tear, and must repair undue damage they or their guests caused. File a claim against the deposit on Form 2B within 15 days after the tenancy ends, and bring proof such as dated photos and the move-in and move-out Form 5 reports. The deposit steps are in the landlord deposit guide for PEI.

The usual problems are an unclear clause, no signed copy, and an attempt to add a ban without agreement. A clause that says only "no smoking" invites arguments about vaping, balconies and cannabis. Another problem is acting too fast: you cannot lock out a tenant or remove their belongings to enforce a clause.

Disputes go first to the Rental Office. An order can be appealed to IRAC within 20 days, or 7 days for a vacate order for non-payment or cause. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.