Neighbour Complaints About Pets or Smoke: NL Tenant Rights

As a tenant in Newfoundland and Labrador, neighbour complaints about pets or smoke can feel stressful, especially when you care about your living environment and your relationships with those around you. Understanding your rights, your responsibilities, and the proper steps to resolve these issues will help keep your tenancy secure and your experience positive.

Understanding Neighbour Complaints: Pets, Smoke, and Tenant Rights

Neighbours may raise concerns about noise, pet behaviour, or smoke (tobacco or cannabis) drifting into their units. Your landlord is required to balance your right to enjoy your home with those of your neighbours. Tenant issues involving pets or smoke are covered under the Residential Tenancies Act, 2018 (Newfoundland and Labrador) ^[1]. The Residential Tenancies Office (RTO) is the official board handling disputes in this province.

Can My Landlord Restrict Pets or Smoking?

• Pets: Your lease may include a no-pet or pet restriction clause. If so, having a pet may be a breach of your agreement. If there is no such rule, pet ownership is generally allowed, but you remain responsible for any damages or disturbances caused by your pet.
• Smoke: Leases may prohibit smoking (tobacco or cannabis) inside the unit or building. Increasingly, landlords include such clauses to protect health and prevent damage or complaints. Smoking outside may also be restricted to certain areas.

If complaints arise, both landlords and tenants must follow a fair process to address concerns. For an overview of your province’s regulations, visit our detailed guide on Tenant Rights and Landlord Rights in Newfoundland and Labrador.

What Happens When a Neighbour Complains?

A neighbour may make a complaint to the landlord about pet noise (like barking), pet odours, damage, or smoke drifting into their unit. Your landlord should notify you of the complaint and allow you to correct the issue. Here’s what typically happens:

• Your landlord informs you (in writing) about the specific complaint and asks for action.
• You are given reasonable time to resolve the situation.
• If the issue is not resolved, your landlord may issue a formal notice (Termination Notice or Notice to Remedy).
• Unresolved repeated complaints could, in rare cases, lead to an application for eviction.

How to Respond to Complaints Successfully

Act quickly when you receive a complaint. Tenants who respond respectfully and take reasonable action can often resolve issues well before they escalate.

• Talk with your landlord and document the steps you take (e.g., cleaning, pet training, using air filters, smoking outside if allowed).
• Keep records of communication about the complaint.
• Understand that one-off minor incidents are less concerning than ongoing disturbances or repeated breaches.
• If you believe the complaint is unfair or untrue, provide your version of events in writing.

If you’re worried about formal complaints affecting your tenancy, review How to Handle Complaints in Your Rental: A Tenant’s Guide for practical tips on documentation and respectful communication.

Relevant Forms for Tenants: Handling Pet or Smoke-Related Complaints

• Notice of Termination (Form RTB-6): Used by landlords to end a tenancy if there has been a serious or repeated breach (such as ongoing disturbances or repeated violation of no-pet/no-smoking clauses). Tenants must be served this notice if eviction proceedings begin.
  Example: If you receive repeated complaints about your dog barking and have not remedied the issue, your landlord may provide this form.
  View and download from the official Newfoundland and Labrador government website.
• Application for Dispute Resolution (Form RTB-12): As a tenant, if you believe a complaint was made maliciously, or if you feel you’ve been unfairly targeted, you can file this form to request a hearing with the RTO.
  Example: Your neighbour claims your pet caused damage, but you have evidence to the contrary.
  Download the form and get instructions from the official source.

Resolving Disputes at the Residential Tenancies Office (RTO)

The Residential Tenancies Office (RTO) will mediate and adjudicate tenant-landlord disputes. Both sides have a chance to present evidence. Typical outcomes may include written warnings, mediation or, in extreme cases, permission to end the tenancy.

Health and Safety Considerations

Some complaints about pets (such as smells, waste, or damage) or smoke (second-hand smoke affecting health) may also be considered health and safety issues. Your landlord is required to address valid concerns. If you think your health or safety is at risk due to another tenant’s actions, Health and Safety Issues Every Tenant Should Know When Renting explains what to do next.

You might also want to Browse apartments for rent in Canada if looking for pet-friendly or smoke-free rental options.

FAQ: Neighbour Complaints About Pets or Smoke

1. Can my landlord evict me for complaints about my pet?
   Eviction may only occur after valid warning and an opportunity to remedy the problem, unless your pet has caused severe harm or repeatedly breached the lease or legislation.
2. What if I need my pet for medical reasons?
   Landlords must consider accommodation requests for service or support animals. Proof of medical need may be required, following provincial and human rights guidance.
3. Is it legal for my neighbour to smoke in their rental?
   This depends on your lease. Many leases now prohibit smoking inside. If smoke is impacting your enjoyment and health, bring your concern to your landlord for resolution.
4. How do I prove a complaint is unfair or inaccurate?
   Maintain records (photos, videos, witnesses, communication logs) that document your side. Provide this to your landlord or RTO if needed.
5. Who can help me if my landlord is not addressing my concerns?
   Contact the Residential Tenancies Office for mediation or dispute resolution services, or tenant advocacy organizations for support.

Key Takeaways for Tenants

• Respond quickly and respectfully to neighbour complaints.
• Know what your lease says about pets and smoking before moving in.
• The RTO offers dispute resolution if you and your landlord can't agree.

Act early and document everything for a smoother experience.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO) – Newfoundland and Labrador: Official board for rental complaints, forms, and guidance.
• Landlord and Tenant FAQ (Government of NL)
• Legal Aid Newfoundland and Labrador: Free or low-cost legal advice (legalaid.nl.ca)
• Community Mediation Services: Supporting tenant-landlord communication and dispute resolution.
• More on your rights: Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Legislation: Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Official Tribunal: Residential Tenancies Office (RTO)
3. Forms: NL Residential Tenancies Office Forms

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