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SAMPLE TENANT COMPLAINT LETTER
Requesting landlord take steps to reduce or eliminate the problem of
second-hand smoke
This sample letter is designed for tenants who are being involuntarily exposed to second-hand smoke infiltrating
their homes from a neighbouring unit. If a neighbour’s smoke is infiltrating your unit on a frequent and on-going
basis and substantially interfering with your reasonable enjoyment of your unit, your landlord has a responsibility
to remedy the situation.
It is imperative that you document the extent, frequency and impact of the smoke entering your home, as
well as all communications and actions related to the problem. Be sure to retain a copy of each letter you send to
your landlord. (See the ‘Taking Action’ section of our website for more information.)
Steps Examples
Describe the source and extent of the problem.
If this is your first letter, start on a positive note.
Landlords get lots of complaints, so start by explaining
why you like your unit or the building. Describe how
often the smoke is coming in, where it comes from and
be sure to emphasize that it is more than a temporary
discomfort or inconvenience.
Identify:
• When the problem first started;
• How the smoke is entering your unit (i.e. through
open patio doors);
• Where the smoke is coming from (i.e. upstairs
neighbour’s balcony);
• How often the smoke enters your unit on a daily
• or weekly basis. List dates, times and frequency of
occurrence;
• How much smoke is entering your unit. Does the
smoke stay in one area or does it permeate other
areas of your home?
For second-hand smoke to qualify as a breach of your
reasonable enjoyment, it must be frequent, ongoing
and substantially interfere with your normal use and
enjoyment of the apartment.
(See ‘last resort remedies’ section of our website for
more information on reasonable enjoyment and
second-hand smoke.)
Dear (Landlord),
Re: Loss of reasonable enjoyment due to second-hand
Smoke
I am a tenant residing at (enter address) and have
been paying the current rent of ($ amount) per month
since (anniversary date on tenancy agreement). I like
living here, and until now, I have enjoyed my tenancy.
(If you don’t want to move, emphasize that here).
Unfortunately, I am currently faced with second-hand
smoke coming into my unit from [enter the unit number
if you know where the smoke is coming from]. The
smoke comes in through the closet in my daughter’s
bedroom, and also seems to be coming in through the
gaps around the plumbing under the bathroom
cupboard. It is definitely worse in the evenings and
weekends when our neighbour is home. It happens
every single day without fail.
(See attached log with the times and dates the
smoke has entered my home.)