Imagine this. You have just completed a turnover on your rental unit, new paint, new carpets, everything clean. You are feeling good. Then your new tenant moves in and within a week you receive a complaint from the neighbor about cannabis smoke coming through the walls. Does this sound familiar? This is one of the common problems landlords deal with today.
What you can and cannot include in a cannabis lease clause in Alberta is surprisingly complicated. The short answer is yes, you can stop smoking, vaping or using cannabis inside your units and on your property. How you write that clause is very important. A lot. In this guide, I will explain the rules, how to create an enforceable clause, and what to do when things go wrong.
Your Lease Is Your Defense: If You Use It Right
I will start with the basics. No law in Alberta completely stops cannabis in rental units. Instead the rules are set by your lease agreement and any building rules you have created. The Residential Tenancies Act allows landlords and tenants to set terms in a written lease, including rules about smoking and vaping as long as those terms do not break any other laws.
That means you can lawfully stop smoking, vaping or using cannabis in units and on the property through a clear lease clause or building rule. The catch? It has to be clear. If your rule is unclear hidden in print or confusing you are creating a situation for a dispute. Believe me I have seen it happen. A written rule helps protect your investment. An unclear one leads to a problem.
Yes, You Can Ban Cannabis Entirely: Here's How
Let me be clear: landlords can stop the use of cannabis in units and common areas as long as the rule is clearly written into the lease and the tenant agrees to it. This includes smoking on balconies, patios and outdoor areas connected to the unit. In fact you have the right to stop smoking of any kind, tobacco, recreational cannabis, vaping, on your property. Even though cannabis is legal in Canada your lease can still stop its use. That means if your lease has a 100% smoke-free rule a tenant can be removed for smoking on their balcony, patio or inside the unit.
So how do you create a cannabis lease clause in Alberta? Here’s what I suggest.
- First, define “smoking” clearly; include cigarettes, cigars, pipes, cannabis and e-cigarettes.
- Second, name every area the restriction covers: the interior of the unit, the balcony or patio any attached outdoor space and common areas.
- Third, explain the consequences of breaking the rule. A verbal promise from a tenant isn’t enough. The clause needs to be part of the lease. Added as a signed addendum.
You can also stop the growing of cannabis in the agreement. That’s an issue with smoking and it should be clearly mentioned in the lease.
What If You Don't Have a Cannabis Policy at All?
Here’s where landlords often make mistakes. If your rental agreement says nothing about smoking it is generally allowed inside the unit. That is the default. Unless it causes problems damages the property or goes against building insurance a tenant can smoke. In words if you did not write it down you cannot enforce it. A cannabis lease clause in Alberta only works if it is written down.
That is why I always advise landlords to look at their lease agreements before each tenant. If you are managing a property without a smoking rule, you cannot change the lease during the term unless both sides agree. Changes are usually possible at the time of renewal with notice. Municipal rules and condo rules can also affect where smoking or vaping is allowed in -unit buildings. So check those too.
Medical Marijuana Changes the Equation
This is where things get more complicated. Landlords cannot refuse help for a disability just because a lease has a ban on smoking or cannabis. You can, however, ask for steps to reduce risk or disturbance, like better airflow, filters or limiting certain ways of using it.
A documented disability cannot be treated unfairly without a reason. If a tenant needs cannabis, you may need to help them while still protecting your property and other tenants. This is one of the parts of enforcing a cannabis lease clause in Alberta.
What About Second-Hand Smoke Complaints?
Even if you have a cannabis lease clause in Alberta, you still have a duty to handle second-hand smoke complaints. Under the RTA, tenants have the right to live in a safe place. If cannabis smoke from one unit affects another tenant’s health or peace, you have a responsibility to look into it and fix it. Persistent cannabis smell that comes through walls, vents or shared areas can affect the livability of the building.
If a tenant complains about smoke coming in, take it seriously. Keep a record of the problem with dated photos, logs of times and smells, and statements from neighbors. If the landlord does not act, tenants can ask for help through dispute resolution. So as a landlord, dealing with these complaints quickly helps protect you from problems and shows tenants that you care about their concerns.
When a Tenant Violates the Clause, What Do You Do?
So what happens when a tenant breaks your cannabis lease clause in Alberta? First, write everything down. Take pictures keep records and collect statements from neighbors who are affected. Then send a written notice to the tenant explaining the violation and giving them a chance to fix it. If they keep smoking despite lease terms and warnings you may need to start the process of removing them. You can apply to the Residential Tenancy Dispute Resolution Service or the court for an order to take possession. The RTDRS is usually faster more informal and cheaper than going to court.
Conclusion
A cannabis lease clause in Alberta is not legal; it is one of the best ways to protect your investment. It helps keep your property in condition lowers the cost of turnover protects the health of your tenants and makes your building more appealing to new renters.
It only works if it is clearly written in your lease clearly explained to tenants and consistently used. Don’t leave it to chance. Look at your lease agreements today. Make sure your cannabis policy is clear. Your investment and your other tenants will appreciate it.
Frequently Asked Questions (FAQs)
Yes. A landlord can legally stop smoking, vaping or using cannabis in units and on the property through a clear lease clause or building rule. This includes stopping smoking on balconies and patios.
Yes. Even though cannabis is legal in Canada landlords can stop its use through the lease agreement. A landlord has the right to stop smoking of any kind tobacco, recreational cannabis, vaping, on the rental property.
If your lease is silent about smoking it is generally allowed inside the unit. A cannabis lease clause in Alberta must be in writing to be used.
No. A landlord cannot change the lease during the lease term unless both sides agree. Changes are possible at renewal with notice.
Landlords cannot refuse help for a disability just because a lease has a ban on smoking or cannabis. You may need to allow cannabis use while still protecting your property and other tenants.
Yes. A landlord may stop the growing of cannabis in the agreement. This is different from smoking rules. Should be clearly stated in the lease.
Co-Founder & Director
Hafil Perincheeri is an engineer-turned-realtor, investor, and builder based in Calgary, Canada. As Co-Founder and Director of Greencasa, he specializes in home flips, property development, and investment strategies. Since 2019, he has guided clients in home buying, multifamily investing, and financing options like CMHC and MLI Select, ensuring transparent, informed decisions.