Second-hand smoke (cannabis or tobacco) from a neighbour is bothering me. What can I do? Your neighbours can smoke in their private homes, unless they signed a lease or there are condominium bylaws that say they can’t. However, if second-hand smoke (tobacco or marijuana) from another unit is interfering with the reasonable enjoyment of your home, speak to your landlord.
The extent of your Landlord’s ability to interfere with your neighbour’s smoking habit, is to advise them in writing that their conduct is negatively impacting surrounding tenants, and request that they stop smoking and/or install air cleaning systems.
If your landlord is not successful and cannot resolve this issue, you will need to apply to the LTB using a T2: Application about Tenant Rights. You will be asked to show how the other tenant’s behaviour is clearly interfering with your reasonable enjoyment. The LTB determines each application on a case-by-case basis.
