Tenant Guide to Neighbour Pet and Smoke Complaints in PEI

If you live in Prince Edward Island and share a rental property with neighbours, you might face complaints about pets or smoke. Understanding your rights, your landlord's obligations, and the appropriate steps to resolve these issues is important for a peaceful tenancy. This article provides practical guidance for PEI tenants on handling complaints about pets and smoke, backed by official sources and the Prince Edward Island Residential Tenancy Act.

Understanding Neighbour Complaints in PEI Rentals

Neighbour complaints typically relate to noise, smell, pets, or smoke. In multi-unit buildings, these concerns can directly affect your comfort and tenancy. Resolving disputes early can help avoid formal action—but it's important to know your rights as a tenant in these situations.

Common Complaints: Pets and Smoke

• Pets: Issues may include barking, allergies, lack of cleaning up after animals, or violations of a no-pet clause if one exists in your lease.
• Smoke: Both tobacco and cannabis smoke can cause complaints about odours, health concerns, or breaches of smoke-free rules.

Landlords may receive these complaints and are required to address them according to local law and your lease terms.

Your Rights and Responsibilities as a Tenant

PET and smoke-related complaints in Prince Edward Island fall under the Residential Tenancy Act (RTA)¹. Tenants have a right to reasonable enjoyment of their rental unit and must not unreasonably disturb neighbours or violate lease conditions.

• If your lease allows pets, you can't be penalized for having them unless you cause damage or major disturbance.
• If your lease prohibits smoking or pets, violating those terms could put your tenancy at risk.
• Smoking complaints are serious, especially in non-smoking buildings or if second-hand smoke affects others' enjoyment or health.

For details on general rights in PEI, see Tenant Rights and Landlord Rights in Prince Edward Island.

How Complaints Are Addressed

Your landlord’s response to a complaint should be reasonable, following PEI tenancy law. It typically includes:

• Discussing the complaint with you and the other party
• Sending a written warning or request to address the behaviour
• In serious or repeated cases, issuing a formal notice

Learn more about the shared Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Dealing with Complaints: Steps for Tenants

If you receive a complaint about your pet or smoking, it’s important to respond calmly and cooperatively:

• Ask for specific details (dates, times, nature of the problem)
• If the complaint is justified, try to address or minimize the issue (ex: clean up after pets, limit noise, smoke only in designated areas)
• Communicate politely with your landlord and neighbours
• Keep written records of all communications
• If you believe a complaint is unfair or retaliatory, note your side in writing

Official Forms and How to Use Them

Tenants and landlords in Prince Edward Island resolve serious issues—including eviction applications—through the Island Regulatory and Appeals Commission (IRAC Residential Rental Office)².

• Form 6: Application by Landlord for an Order to Terminate a Rental Agreement
  Form 6 - PDF
  Used by landlords if tenants breach terms (like persistent problematic smoke or pet violations). As a tenant, you may contest this application by submitting a written response and attending the IRAC hearing.
• Form 9: Application by Tenant for an Order
  Form 9 - PDF
  Tenants may use Form 9 to resolve disputes, request repairs, or challenge a warning or eviction resulting from a complaint. Submit the form to IRAC with supporting documentation.

Forms should be downloaded from the IRAC rental property forms page, filled out with clear facts, and submitted as directed. Bring your records and communications to any hearing.

Summary Table: Handling Complaint Scenarios

• If you receive a landlord's warning: Respond in writing and address stated issues as needed
• If you are served a termination notice: Seek clarification, gather evidence, and prepare to contest the notice if you disagree
• If you feel you are being unfairly targeted: Apply to IRAC using the right form

If you have unrelated issues, see How to Handle Complaints in Your Rental: A Tenant’s Guide for general strategies.

What Does PEI Law Say About Pets and Smoke?

The Residential Tenancy Act does not automatically ban pets or smoking but allows landlords to include clauses in leases that do. Always check your signed rental agreement for specific restrictions.

• Landlords may include reasonable "no pets" or "no smoking" clauses
• Tenants must follow all terms in the lease and minimize disturbance to others
• Both parties have a duty to act reasonably and respect each other's right to quiet enjoyment

Consult your lease and local by-laws for additional rules, especially regarding smoking in multi-unit buildings.

Tenant Tips for Maintaining Harmony

• Communicate promptly and openly if issues arise
• Clean up after pets and manage noise
• Consider using air purifiers or smoking outside (if permitted)
• Be familiar with your building's policies and city regulations
• If searching for new rentals, you can Search pet-friendly rentals on Houseme.ca easily

FAQ: Neighbour Complaints About Pets or Smoke in PEI

1. What can my landlord do if neighbours complain about my pet or smoking?
   They may issue a written warning, request a meeting, or (in repeated/serious cases) start the process to end your lease. Landlords must follow PEI’s Residential Tenancy Act procedures.
2. Can my lease be terminated for having a pet or smoking?
   Only if your lease specifically prohibits pets or smoking, and you repeatedly breach these terms or create significant disturbance for neighbours.
3. How do I respond to a notice or complaint?
   Write a polite response, try to address concerns, and gather written records. If served an official notice, follow up with IRAC and consider submitting Form 9.
4. Are there forms I should use to defend myself?
   Form 9 (Application by Tenant for an Order) should be used if you wish to dispute an eviction notice or seek a decision about your rights.
5. Where do I turn if informal resolution fails?
   Contact IRAC, which oversees rental disputes in PEI, and follow their complaint or application process.

Key Takeaways for Tenants

• Know the terms of your lease regarding pets and smoking
• Address complaints early and keep written records
• Use official IRAC forms for serious or unresolved disputes

Most pet or smoke-related complaints can be resolved with good communication and a clear understanding of PEI’s rental laws.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Residential Rental Office – handles all tenancy disputes and applications in PEI
• PEI Government – Renting and Lease Agreements info
• Canadian Mental Health Association PEI – additional support if complaints affect well-being

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1. Residential Tenancy Act (PEI)
2. IRAC Rental Property Office

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