Neighbour Complaints About Pets or Smoke: BC Tenant Rights
Living in rental housing in British Columbia means sharing space—and sometimes, addressing concerns raised by neighbours about pets or smoking. Knowing your rights, the rules, and best steps to resolve these issues can help protect your home and tenancy.
Common Types of Neighbour Complaints in BC Rentals
Complaints often arise about:
- Pets – including noise, damage, or allergies triggered by animals
- Smoke – tobacco, cannabis, or incense impacting other units or common areas
These issues can affect your neighbours' health and wellbeing, and in some situations, may involve tenancy rules or your landlord's obligations.
Your Rights and Responsibilities as a Tenant
Under BC’s Residential Tenancy Act, tenants are responsible for not interfering with others’ enjoyment of their property. However, your ability to have pets or smoke may depend on your rental agreement and building policies.
- Pet Policies: Landlords can prohibit or allow pets in the tenancy agreement.
- Smoking Rules: No-smoking policies must be clearly stated in your tenancy or house rules to be enforceable.
Any restrictions must be in writing and complied with by all tenants.
If You Receive a Complaint About Pets or Smoke
If a neighbour complains about your pet or smoking, here’s what typically happens:
- Your landlord will notify you of the complaint, possibly in writing.
- You may be asked to address noise, odours, or other concerns.
- If the situation continues, the landlord could issue a formal warning, or in serious cases, start an eviction process.
It's important to document your interactions, keep communication respectful, and attempt to resolve issues before they escalate.
Required Forms and Where to Find Them
- Notice to End Tenancy for Cause (Form RTB-33): If your landlord believes you are seriously disturbing others or breaking pet/smoking rules, they may use this form. View RTB-33
Example: A tenant continues to let their pet damage common areas despite warnings. The landlord may serve a RTB-33 to end the tenancy. - Dispute Resolution Request (Form RTB-12): If you believe a complaint or notice is unfair, apply with this form to have the Residential Tenancy Branch make a decision. View RTB-12
Example: You receive a notice for alleged smoking violations, but smoke is coming from other units. Use RTB-12 to request a hearing.
What If a Neighbour’s Complaint Is About Your Health or Safety?
Excessive smoke or unsafe pet situations may become a health and safety issue. The landlord is responsible for ensuring the rental property meets health standards and intervening if your living conditions are seriously affected.
Tips to Resolve Neighbour Complaints Effectively
- Review your tenancy agreement for pet and smoking clauses
- Communicate calmly and directly with neighbours about their concerns
- Offer reasonable compromises (e.g., limiting smoking to outside, reducing pet noise)
- Document incidents and correspondences
- Contact your landlord to notify them of the situation
If you need to formally address the issue, review How to Handle Complaints in Your Rental: A Tenant’s Guide for more steps.
Who Handles Disputes? The Residential Tenancy Branch
The Residential Tenancy Branch (RTB) resolves disputes between tenants and landlords, including those about neighbour complaints, pets, and smoking. Applications for dispute resolution are filed through the RTB.
Where to Find Pet-Friendly or Smoke-Free Rentals in BC
If you’re seeking a new home to match your preferences or avoid future complaints, Search pet-friendly rentals on Houseme.ca to view listings with clear rules and amenities anywhere in British Columbia.
For more legal details specific to British Columbia, visit Tenant Rights in British Columbia.
Frequently Asked Questions (FAQ)
- Can my landlord evict me if my neighbour complains about my pet?
If you are violating your tenancy agreement’s pet clause or allowing your pet to disturb others after warnings, your landlord can begin eviction proceedings using the proper form. However, you have the right to dispute the eviction through the Residential Tenancy Branch. - Is smoking allowed in BC rentals?
It depends on your rental agreement and whether your landlord has implemented a non-smoking policy. Any such policy must be in writing. Common areas are often smoke-free by law. - What should I do if I receive a complaint but have not broken any rules?
Communicate calmly with your landlord or neighbour, provide any evidence you have, and consider requesting dispute resolution if you are unfairly targeted. - Are emotional support animals exempt from pet rules?
Landlords generally cannot refuse certified guide or service animals, even in buildings with "no pet" policies. Proof of the animal’s status may be required. - Where do I get help with an unfair notice or eviction?
Contact the Residential Tenancy Branch and consider applying for dispute resolution using Form RTB-12.
Key Takeaways for Tenants
- Always review your rental agreement for pet and smoking policies.
- Address neighbour complaints swiftly to prevent escalation.
- You have the right to dispute unfair complaints or evictions.
Need Help? Resources for Tenants
- BC Residential Tenancy Branch (RTB): Information, forms, and dispute resolution
- Tenant Resource & Advisory Centre (TRAC): Tenant support and advocacy
- Residential Tenancy Act (British Columbia): Full legislation
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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