Tobacco and Cannabis Use
You may not be allowed to smoke in your rental unit. Your landlord has the right to not allow smoking on the property, including inside your rental unit, outside the building, and in, or around your rental unit or building. Your rental agreement should state if you can smoke in your unit or in your apartment building. If you plan to smoke, you should ask your potential landlord about the smoking policy.
Your landlord cannot change your rental agreement while you are renting without your consent. If your landlord changes the rules about smoking, this will not affect your rental agreement. It will only affect the rental agreement of new tenants.
However, your landlord can make an application to the Rental Office to change your rental agreement. Your landlord can only change your rental agreement if they have an order from the Rental Office.
Vaping is considered a form of smoking. If you have a rental agreement that does not allow you to smoke, this may apply to vaping. Ask your landlord for their policy on vaping.
You must have written permission from your landlord to grow cannabis plants in your rental unit. If you do have written permission from your landlord, you can grow a maximum of four cannabis plants. You must make sure that the cannabis plants are locked away from anyone under the age of 19.
Growing cannabis may affect your tenant insurance policy. If you grow cannabis, speak with your insurance provider.
Generally, the same rules apply to recreational and medical cannabis use. A landlord may be required to accommodate medical cannabis use if it is required because you have a disability. That does not necessarily mean allowing you to smoke marijuana in your unit or building. Contact the PEI Human Rights Commission for more information.
All tenants have the right to ‘quiet enjoyment’ of their rental unit. This means the right to live without unreasonable disturbances. You and your guests must respect the quiet enjoyment of other tenants in your building. This could include smoking tobacco or cannabis in or around your rental unit, even if your agreement says you can smoke.
If another tenant’s smoking is bothering you, speak to your landlord. Your landlord may speak with the tenant.
If another tenant complains to your landlord about your smoking, your landlord could try to evict you for disturbing the quiet enjoyment of others.
See Evictions for more information.
If you require a smoke-free building, it’s important you speak with your landlord. You have the responsibility to learn the property’s smoking policy before renting. If your landlord has a smoking policy that allows others to smoke, it may be difficult for them to change this.