How to Handle Neighbour Complaints About Pets or Smoke in New Brunswick

Tenants in New Brunswick may occasionally face complaints from neighbours about issues like pet behaviour or smoke from cigarettes or cannabis. Knowing your rights and the process for resolving such complaints is essential for maintaining a safe, respectful living environment. This article covers the rights and responsibilities of tenants in New Brunswick, explains the complaint resolution process, and points you toward practical steps and resources.

Understanding Your Rights and Responsibilities as a Tenant

The Residential Tenancies Tribunal of New Brunswick oversees all landlord-tenant matters in the province. Tenant and landlord rights are set out in the Residential Tenancies Act (New Brunswick)^[1]. This Act covers issues like pets, smoking, and nuisance, as well as complaint resolution and eviction rules.

• Landlords may include pet or smoking clauses in your rental agreement, but these must be clear and agreed to by both parties.
• Tenants are required to ensure their behaviour (or that of their pets or guests) does not substantially interfere with other tenants' quiet enjoyment of their homes.
• Repeated issues—such as noisy pets or strong smoke—may be grounds for formal complaints or even eviction if unresolved.

Find more about general Tenant Rights and Landlord Rights in New Brunswick.

Common Complaints: Pets and Smoke

Neighbour complaints about pets and smoke typically center on:

• Excessive noise (barking, running, etc.) from pets
• Pet odours or unsanitary conditions
• Second-hand smoke (tobacco or cannabis) entering neighbouring units
• Allergy or health concerns related to pets or smoke

Dealing with Complaints About Pets

Unless your lease specifically prohibits pets, having a pet is usually permitted. However, you must ensure your animal does not disturb others.

• Respond promptly and respectfully if a neighbour complains.
• Take steps to reduce noise or odours from your pet.
• Keep pets under control in common areas.

Responding to Complaints About Smoke

Landlords can include a "no smoking" clause in your lease, but it must be in writing to be enforceable. If second-hand smoke is entering other units and causing issues, you may be required to take action to prevent the nuisance.

• If smoking is permitted, aim to prevent smoke from entering neighbouring units (use designated areas, improve ventilation).
• If you receive a complaint, discuss solutions with your landlord.

If complaints continue despite your efforts, landlords might serve formal notices under the Residential Tenancies Act for "substantial interference" with others' quiet enjoyment.

How to Address Neighbour Complaints Effectively

Open, respectful communication often resolves issues before they escalate.

• Document all communications with neighbours and your landlord about the complaint.
• Try to work out a solution directly, such as changing pet routines or using air filters.
• If you disagree with a complaint or believe it's unjustified, explain your side calmly and provide evidence if possible (e.g., vet records, witness statements).

If the landlord becomes involved, they may issue a written warning or notice. Frequent or unresolved issues could lead to a formal process with the Residential Tenancies Tribunal.

Filing or Responding to a Formal Complaint: Key Forms

• Notice to Quit for Cause (Form RTB-9): Used by landlords if a tenant's behaviour, pet, or smoke causes "substantial interference." You may receive this form, which requires you to either correct the issue within the notice period or move out.
  Example: If a dog continuously barks despite warnings, your landlord may serve a Notice to Quit for Cause requiring you to resolve the problem or risk termination of your lease.
  Download Notice to Quit for Cause (RTB-9)^[2]
• Application for Determination (Form RTB-12): Tenants can use this form to ask the Residential Tenancies Tribunal for a ruling if they believe a complaint is unfair or an eviction is unjustified.
  Example: If you are served an eviction notice for "substantial interference" due to pet noise but believe you have taken all reasonable steps, file Form RTB-12 to dispute it.
  Download Application for Determination (RTB-12)^[3]

Action Steps for Tenants

• Read your lease to confirm pet or smoking rules.
• Address the complaint quickly: talk to your neighbour or landlord and document steps taken.
• If you receive a notice, review it carefully and respond within the deadline, using official forms if you wish to dispute it.
• Contact the Residential Tenancies Tribunal for assistance.

Remember: Early, respectful communication is key. If complaints escalate, be aware of your rights and the correct forms to protect your tenancy.

For more on how to manage concerns that arise in your building, see How to Handle Complaints in Your Rental: A Tenant’s Guide and Health and Safety Issues Every Tenant Should Know When Renting. You can also Search pet-friendly rentals on Houseme.ca if your current living situation isn't ideal for you and your pet.

Frequently Asked Questions (FAQ)

1. Can my landlord evict me for complaints about my pet or smoking?
   Yes, but only if your actions or your pet's behaviour cause "substantial interference" with others' enjoyment of their home. The landlord must follow the rules in the Residential Tenancies Act (New Brunswick) and serve official notice.
2. What should I do if my neighbour complains about pet noise?
   Address the issue promptly—reduce noise, use training, and communicate with your neighbour. If you receive a formal notice, respond within the timeline and seek help from the tribunal if needed.
3. Are "no pet" or "no smoking" rules legal in New Brunswick?
   Yes, if the rule is clearly written into your lease agreement and agreed to before you move in. If not in the lease, these rules generally can't be enforced after you sign.
4. Where can I get help resolving a neighbour complaint?
   Contact the Residential Tenancies Tribunal of New Brunswick for guidance and to file or dispute complaints.
5. What forms do I need if I want to dispute an eviction related to complaints?
   Use the Application for Determination (Form RTB-12) to challenge an eviction or resolve complaint disputes.

Conclusion: Key Takeaways for Tenants

• Address neighbour complaints quickly to avoid escalation
• Know your lease terms regarding pets and smoking
• Use official forms and tribunal support if issues aren't resolved informally

Understanding your rights and acting early is the best way to protect your tenancy and maintain positive relations with neighbours.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Guidance, forms, and dispute resolution
• Public Legal Education and Information Service of New Brunswick: Tenant information and support
• Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act (New Brunswick)
2. Notice to Quit for Cause (RTB-9) - Government of New Brunswick
3. Application for Determination (RTB-12) - Government of New Brunswick

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