Dealing with Neighbour Complaints About Pets or Smoke in Quebec
Living in a Quebec rental home means sharing space—and sometimes, that leads to neighbour concerns about things like pets or cigarette smoke. If you’re a tenant in Quebec and facing a complaint for your pet or smoking, this guide explains your rights, your landlord’s role, and what steps you should take under Quebec’s housing laws.
Understanding Tenant and Neighbour Rights in Quebec
Both tenants and their neighbours have the right to quiet enjoyment of their homes. This means you should be free from unreasonable disturbances, but also respect the building’s rules. Neighbour complaints—especially about pets or smoke—are common, but not all complaints automatically result in consequences for tenants.
Can You Keep Pets in Quebec Rental Housing?
In Quebec, keeping a pet depends on your lease agreement. If your lease specifically bans pets, your landlord can ask you not to have them. However, if there is no prohibition in the lease, you are generally allowed to have a pet as long as it does not cause excessive disturbance to other tenants (such as repeated barking or property damage).
- Check your lease for any "no pets" clause.
- Know that landlords cannot add pet bans after the lease is signed unless you agree to it.
- If a neighbour makes a complaint, the landlord must investigate and give you a chance to address the issue.
Neighbour Complaints About Smoke
Second-hand smoke can be a concern, especially in multi-unit buildings. If your lease prohibits smoking, you must comply. Even if your lease is silent, tenants are expected not to bother others or harm health and safety. Excessive smoke entering another unit may be grounds for complaint, especially if it affects someone’s health or damages property.
- Smokers should be cautious and use good ventilation.
- If you receive a smoke-related complaint, try to work with your neighbour to find a solution first.
- Non-smoking clauses are enforceable if clearly stated in your lease.
What Happens When a Complaint Is Made?
In Quebec, the process generally follows these steps:
- The neighbour notifies the landlord of the concern (about noise, pet behaviour, or smoke).
- The landlord must objectively investigate and inform you, the tenant, about the complaint.
- You have a right to explain or correct the issue (such as keeping your pet quieter or reducing smoke near shared spaces).
- If the problem continues and is serious, the landlord may issue formal warnings.
- As a last resort, the landlord can apply to the Tribunal administratif du logement (TAL) to seek an order or, in extreme cases, cancellation of the lease.
Remember, you cannot be evicted or restricted without proper notice and process according to Quebec’s Civil Code - Book Five: The Lease.1
Which Forms Might Be Used?
- TAL Application Form (Application for the Modification, Rescission or Resolution of a Lease): Used if the landlord seeks to change terms or end your lease due to disturbance. You may also use this form as a tenant if you feel your rights have been violated.
- Notice to Cease Disturbance: Not an official form but a written notice given by the landlord to ask you to correct the issue. If you receive such a letter, take it seriously and respond in writing to show your willingness to work out the problem.
Practical example: If your neighbour complains about your dog barking, your landlord may give you written notice. If the problem is not resolved, and the landlord applies to the TAL, you will be formally notified and have a chance to respond.
Health and Safety Considerations
Complaints about smoke or pets aren’t just about preference—they can sometimes relate to health and safety risks. Excessive smoke, for example, may aggravate respiratory conditions. Failing to address such complaints can lead to official action by the landlord or tribunal. For more information on health and safety, see Health and Safety Issues Every Tenant Should Know When Renting.
It can also be useful for tenants to understand How to Handle Complaints in Your Rental: A Tenant’s Guide for useful tips on resolving these types of disputes proactively.
Rights and Obligations of Landlords and Tenants
Both parties must follow lease terms and the law. Landlords can’t take action without proof, and tenants must not unreasonably disturb their neighbours. Visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a deeper look at your duties under Quebec law.
For a fuller overview of your legal protections, see Tenant Rights and Landlord Rights in Quebec.
If you are looking for a new place that fits your lifestyle, including pet-friendly or smoke-free units, Search Canadian rentals with interactive map view.
FAQ: Neighbour Complaints About Pets or Smoke
- Can my landlord evict me just because a neighbour complains about my pet?
If your pet is allowed under your lease and does not cause serious or repeated disturbances, eviction is unlikely. However, unresolved, serious complaints can lead to tribunal proceedings. - What should I do if my neighbour complains about cigarette smoke?
Try to reduce smoke exposure by ventilating or smoking outdoors, and talk to your neighbour. If there’s a no-smoking clause, you must comply, or your landlord could take further action. - Is the landlord responsible for investigating neighbour complaints?
Yes, landlords must address complaints in good faith and cannot act solely on unverified neighbour reports. - How do I respond to a written warning about my pet or smoking?
Reply in writing, describe how you’re addressing the issue, and keep communication records in case of formal proceedings.
Need Help? Resources for Tenants
- Tribunal administratif du logement (TAL): Quebec's official housing tribunal—apply online or download forms for tenancy issues.
- Éducaloi: Neighbour Relations – Plain language legal information for tenants in Quebec.
- CMHC: Rental Housing Consumer Information – Federal tenancy resources for renters Canada-wide.
- Review your lease for relevant clauses about pets and smoking.
- Try direct, respectful communication with your neighbour if a complaint arises.
- Your landlord must provide notice and an opportunity to resolve complaints.
- If you receive formal notice, respond promptly and keep all documentation in case it goes to the Tribunal administratif du logement.
It’s important to understand both your rights and responsibilities—resolving disputes early can help maintain a positive rental experience.
- Civil Code of Quebec – Book Five: The Lease, articles 1851-2000, covers rental laws and dispute procedures.
- Tribunal administratif du logement (TAL) – Official tribunal for rental law disputes in Quebec.
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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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