Can I complain if my neighbour smokes?

Asked by: Deonte Rau  |  Last update: April 1, 2026
Score: 4.5/5 (27 votes)

Yes, you can complain if a neighbor's smoking is invading your home, although your options and success rate depend on your living situation, local laws, and lease agreements. Secondhand smoke is increasingly treated as a "nuisance" or a breach of the "right to quiet enjoyment" in apartments and condos.

What can I do about neighbor's cigarette smoke?

If your neighbor smokes, start by politely talking to them or writing a letter to find a compromise, then involve your landlord or property manager to enforce lease rules or explore smoke-free policies, and if needed, research legal options like nuisance claims or contacting your local health department for health-related issues, while physically sealing cracks and using air purifiers can help block some smoke.
 

Can you complain about neighbours' smoking?

Contact your local council's environmental health team and ask them to attend to assess if it's a statutory nuisance. If it is, keep reporting it until they have witnessed it enough times. Keep making a note of it and liaise with environmental health so they can talk with the neighbour about how to stop the nuisance.

Can I report my neighbour for smoking?

Councils can investigate smoke coming from premises that is classed as a statutory nuisance, this is outlined in the Environmental Protection Act 1990.

Will the police do anything about my neighbor's smoking?

There is nothing that the police can do. This is a lease/contract violation (civil matter) and in no way criminal.

Is Your Apartment Filled with Secondhand Smoke?

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How to deal with a neighbour who smokes?

If your neighbor smokes, start by politely talking to them or writing a letter to find a compromise, then involve your landlord or property manager to enforce lease rules or explore smoke-free policies, and if needed, research legal options like nuisance claims or contacting your local health department for health-related issues, while physically sealing cracks and using air purifiers can help block some smoke.
 

What are two rights of nonsmokers?

NONSMOKERS have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersees the right to smoke when the two conflict. NONSMOKERS have the right to express - firmly but politiely - their discomfort and adverse reactions to tobacco smoke.

What can I do if my neighbor won't stop smoking?

Public Health Department: If the smoke violates local smoke-free laws or poses a health risk, contact your local public health department or housing authority to inquire about lodging a complaint. They may conduct an investigation and take action to enforce local laws.

Can neighbours complain about cigarette smoke?

If you have tried speaking with the neighbour and the issue isn't resolved, report it to your local council. Second-hand smoke is a nuisance and a hazard and should be treated the same as noise complaints. You can also try contacting your local health district to see if they can help resolve the issue.

What is the most common complaint about neighbours?

The most common complaint about neighbors is noise, including loud music, parties, pets (especially barking dogs), children, and construction, disrupting peace and sleep. Other frequent issues involve pets (mess, roaming), property disputes (boundaries, trees, fences), parking problems, and general lack of property maintenance or cleanliness (trash, unkempt lawns). 

Can you get secondhand smoke from a neighbor?

Secondhand tobacco smoke can come into your apartment in multiple ways. Secondhand tobacco smoke does not respect boundaries, seeping through light fixtures, wall electric outlets, ceiling crawl spaces, and doorways into all areas of a building with smokers.

What is considered a smoke nuisance?

A smoke nuisance can occur when: bonfires are lit frequently and produce persistent smoke. inappropriate materials are burned (e.g. plastics, rubber, or treated wood) dense smoke drifts into neighbouring properties or across public roads. commercial waste such as builder's waste or garden waste from a business is ...

Where to report people smoking?

  • Get the name and address of the designated non-smoking area you're in.
  • Snap a discreet photo of the person smoking on the premises. ...
  • Make sure to note the time and date of the photo.
  • Report your information to MOH via WhatsApp at 010-8608949 or the operations room at 03-88924552 (office hours only)

Can neighbors complain about cigarette smoke?

Landlords or HOAs can be forced to act if no-smoking rules are being violated or the smoking interferes with your right to "quiet enjoyment." Some states and cities treat secondhand smoke as a nuisance, allowing you to sue or take action if your health or comfort is affected.

How bad is secondhand cigarette smoke?

Secondhand smoke is a serious health hazard with more than 19,000 deaths attributed to exposure to secondhand tobacco smoke in the United States every year. It can cause or make worse a wide range of damaging health effects in children and adults, including lung cancer, respiratory infections and asthma.

How do I deal with cigarette smoke from my neighbors?

If your neighbor smokes, start by politely talking to them or writing a letter to find a compromise, then involve your landlord or property manager to enforce lease rules or explore smoke-free policies, and if needed, research legal options like nuisance claims or contacting your local health department for health-related issues, while physically sealing cracks and using air purifiers can help block some smoke.
 

How far away can people smell cigarette smoke?

Studies on outdoor exposure to secondhand smoke have found:

Secondhand smoke odor is detectable at 23 feet from the source and irritation levels began 13 feet from the source.

Do cigarette smokers have rights?

Smokers don't have a constitutional "right to smoke," but they do have certain protections, especially regarding off-duty conduct, with many states having laws against employment discrimination for smoking in non-work hours and private spaces. While public smoking can be heavily restricted due to public health and nuisance concerns, smokers retain rights to private consumption, although this varies by location and employers can offer wellness incentives or higher premiums for smoking-related health issues. 

How long does the smell of one cigarette last?

Smoke from one cigarette can stay in a room for hours. 1 Opening windows and using fans, air conditioners, air purifiers, air fresheners, and ventilation systems does not get rid of secondhand smoke.

Can I complain about neighbours' smoking?

As a Court of Law, the Community Disputes Resolution Tribunal (CDRT) requires a claimant to present "sufficient evidence" to show that their neighbour's excessive smoke and smell causes "unreasonable interference (to their) enjoyment or use of place of residence", he added.

Is smoking considered a nuisance?

Because secondhand smoke is injurious to health according to most experts, many states and local governments, even low levels of exposure can be considered a nuisance.

Can I get secondhand smoke from my neighbor?

SHS can seep under doorways, through wall cracks, windows, shared ventilation systems, plumbing fixtures, and electrical conduits. Persons living in apartments near smokers can be exposed to elevated pollution levels for 24 hours a day.

What states have smokers' rights?

California, Colorado, New York, and North Carolina are the only four states without employee tobacco use laws. Nevada employers cannot restrict applicants or employees from smoking during off hours.

How long before you're considered a non-smoker?

You're generally considered a "former smoker" after about 12 months smoke-free, with significant health risks dropping dramatically, but becoming truly like a never-smoker takes much longer, with some risks, like for heart disease, nearing a non-smoker's level after 15 years, and lung cancer risk halving by 10 years. Health benefits start immediately, with carbon monoxide levels normalizing within days and lung function improving within months, even as the body heals long-term.