What to Do About Pet or Smoke Complaints from Neighbours in Manitoba

If you're a tenant in Manitoba and facing complaints from neighbours about pet activity or secondhand smoke, it's important to know your rights and the correct process for handling these concerns. Navigating these issues can be challenging, but understanding both your responsibilities and those of your landlord provides clarity and helps resolve disputes fairly.

Understanding Neighbour Complaints About Pets or Smoke

Living in multi-unit buildings often means sharing space with people who might not always agree with your lifestyle or pet ownership. Common complaints can include:

• Noise from barking dogs or vocal pets
• Strong pet odours entering neighbouring units
• Allergy or asthma reactions caused by pet dander or secondhand smoke
• Smoke drifting into hallways or other suites

It’s important to remember that complaints related to pets and smoke typically fall under Manitoba’s Residential Tenancies Act^[1], and are overseen by the Residential Tenancies Branch (RTB).

Tenant, Landlord, and Neighbour Rights and Responsibilities

Both tenants and landlords have obligations to ensure a safe and reasonable environment for everyone in the building. According to Manitoba law:

• Tenants have the right to reasonable enjoyment of their rental home.
• Neighbours have the right to not be disturbed by excessive noise, odours, or smoke beyond normal levels.
• Landlords must enforce the terms of the lease and provincial legislation, and address persistent issues.

For more details about your general obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Are Pets or Smoking Allowed in My Rental?

Check your lease to confirm whether pets or smoking are permitted. Many Manitoba landlords include "no pet" or "no smoking" clauses. If your lease prohibits pets or smoking and you ignore these rules, your landlord may take action, including possible eviction after proper notice. However, landlords cannot discriminate against you on the basis of guide animals or service dogs, as protected by law.

Common Reasons for Neighbour Complaints

• Repeated pet noise at inconvenient hours
• Persistent animal odours, especially where cleaning is insufficient
• Excessive cigarette or cannabis smoke entering other units
• Pet damage in common areas

Tip: Always keep a record of any discussions or agreements you make with neighbours or your landlord about pets and smoking.

How the Complaint Process Works

If a neighbour complains about your pet or smoke, here’s how such disputes are typically handled in Manitoba:

1. Neighbour speaks with you directly or through the landlord. Minor issues are often resolved by discussion.
2. Landlord receives a formal complaint. The landlord must investigate and may ask you to correct the issue (e.g., reducing pet noise, smoking outdoors).
3. Written notice (Form RTB-5: Notice to Tenants). If the problem isn’t resolved, the landlord may deliver a written warning or issue a formal notice to correct the behaviour.
4. Notice of Termination. If issues persist and clearly breach your lease or the Act, the landlord can serve you a Notice of Termination (Form RTB-9). You have the right to dispute this.
5. Apply for Mediation or a Hearing. You, your landlord, or the complaining neighbour can apply to the RTB for mediation or a formal hearing if the conflict cannot be resolved.

Relevant Forms

• RTB-5: Notice to Tenants
  Used by landlords to formally notify tenants of an issue and request it be corrected.
  RTB Forms
• RTB-9: Notice of Termination by Landlord
  Served if there is a serious or ongoing breach, such as continued violations of the pet or smoking policy.
  RTB Forms
• Application for Mediation or Hearing (RTB-12)
  Any party can use this form to have the RTB resolve the dispute.
  Application for Mediation or Hearing

Each form should be submitted promptly according to instructions on the RTB website. For example, if given an RTB-9 notice you want to dispute, apply for a hearing before your deadline.

Reasonable Enjoyment and Health Concerns

No tenant should interfere with the "reasonable enjoyment" of the rental property by others. Excessive noise, repeated pet disturbance, or pervasive smoking—especially if it affects a neighbour's health—can lead to justified complaints. If you believe a complaint is unreasonable or retaliatory, document your situation and seek advice, as health and safety are protected under the law. For more details, see Health and Safety Issues Every Tenant Should Know When Renting.

What Happens If the Situation Escalates?

If the complaint can’t be resolved informally, your landlord can issue warnings or take formal action. You’ll always have the right to explain your side and present evidence. The RTB may offer mediation to help resolve the dispute quickly and fairly.

Manitoba Tenant Rights at a Glance

• You can ask for written details of any complaint or notice.
• The RTB can mediate or hold a hearing if you disagree with your landlord's decisions.
• Your right to enjoyment is protected, but so is your neighbour's.

For more about tenants’ rights, see Tenant Rights and Landlord Rights in Manitoba.

When searching for a new place, especially if you need pet-friendly or smoke-free options, Search pet-friendly rentals on Houseme.ca to filter by your unique needs and preferences.

FAQ: Pets and Smoke Complaints in Manitoba Rentals

1. Can my landlord evict me over my pet or for smoking?
   Yes, but only if your lease prohibits pets or smoking, or if complaints are severe and ongoing. You must be given notice and the right to challenge it.
2. What if the complaint is unreasonable?
   You have the right to dispute any notice through the RTB. Gather evidence and respond quickly to all formal communication.
3. Is my landlord responsible if a neighbour’s smoke enters my apartment?
   Landlords must ensure reasonable enjoyment of all tenants. If smoke is causing a health issue and isn't addressed, contact the RTB for guidance or mediation.
4. Can I have a service dog if pets aren't allowed?
   Yes—landlords must permit certified service or assistance animals under human rights law, even if pets are generally prohibited.
5. Should I talk to my neighbour directly about complaints?
   Whenever possible, yes. Direct, respectful discussion can resolve many issues before they become formal disputes.

Key Takeaways for Manitoba Tenants

• Review your lease and building rules related to pets and smoking in detail.
• Take complaints seriously and communicate openly with neighbours and your landlord.
• Keep written records and respond to any formal notice using the correct forms and within the required timelines.
• Contact the Residential Tenancies Branch for help if informal solutions do not work.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) – Manitoba’s official authority handling rental disputes, forms, and hearings.
• RTB Complaint and Application Forms – Download and submit required forms online or by mail.
• For tenant advocacy, contact Tenant-Landlord Cooperation (TLC) Manitoba.
• Public Health inquiries regarding secondhand smoke: Manitoba Public Health

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1. Residential Tenancies Act, read the legislation.
2. Residential Tenancies Branch (RTB) Manitoba, official website.

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