Can I report my neighbour for smoking?

Asked by: Isabel Berge Jr.  |  Last update: February 2, 2026
Score: 4.4/5 (22 votes)

Yes, you can report a neighbor for smoking, but the success and method of reporting depend heavily on where the smoking occurs (common areas vs. private home), your local laws, and your building's rules. In many cases, second-hand smoke is considered a nuisance or a violation of a "quiet enjoyment" clause in a lease, allowing for action to be taken.

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.

What to do if your neighbor 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.
 

Can you do anything about neighbour's cigarette smoke?

Seek formal remedies: file a nuisance complaint with local health or housing authorities, or request accommodation under disability/health laws if smoke exacerbates a medical condition. Consider mediation: community mediators or building-run dispute resolution can produce agreed boundaries without court.

How do I stop my neighbor's smoke smell from seeping into my house?

Seal obvious leaks: use caulk or clear silicone around window frames, baseboards, electrical outlets, door frames and any gap where the odor enters. Smoke follows air pathways -- sealing reduces flow.

Is Your Apartment Filled with Secondhand Smoke?

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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.

What smell cancels out cigarette smoke?

Vinegar: Pour some vinegar into bowls and put each one in a different room overnight to cancel out some of the odor while you sleep. Charcoal: Put charcoal into bowls scattered around your home to help counteract the cigarette smell.

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

According to California's Civil Code, anything that obstructs the free use of property and interferes with someone's life or property is a nuisance. “Since smoking marijuana on your own property is now legal, this cannot be resolved by calling the police as a criminal matter,” Rosenthal said.

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)

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.

Can I do anything about my neighbour smoking?

You can't directly stop a neighbor from smoking in their own space, but you can significantly reduce the smoke impact by talking to them, involving management (landlord, HOA), checking local laws, improving your own unit's sealing (air purifiers, weatherstripping), and ultimately pursuing legal action like nuisance claims as a last resort. The best first steps involve communication and leveraging building rules or local ordinances before escalating to costly legal battles. 

Can air purifiers remove smoke?

Not only can an air purifier help to remove smoke odors, but it can capture many of the harmful chemical components as well. There are two main ways that air purifiers can remove smoke, by use of a HEPA filter and by using activated carbon.

How can I prove my neighbor is smoking?

A cigarette smoke detector is a specially-designed sensor device that property owners can use to detect cigarette smoke indoors. Cigarette smoke detectors continuously test the air quality in enclosed areas, searching for signs of tobacco smoke and will alert owners if smoke is identified.

Where to report smoking?

Members of the public can also report smoking violations via NEA's myENV mobile application, or Online Feedback Form.

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). 

How to deal with neighbour smoking?

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 I complain if my neighbour smokes?

Yes, if their smoke enters your home and causes harm or nuisance, you can file a civil injunction suit and even a police complaint under IPC Section 268.

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.

How much is the penalty for smoking?

Smoking violation fees vary widely by location and context (public spaces, workplaces, rental cars, etc.) but typically range from $50 to over $700 for individuals, with escalating penalties for repeat offenses, while businesses can face fines from hundreds to thousands of dollars, often involving a tiered system for first, second, and subsequent violations, plus potential state-level fines. Common examples include a $150 fine plus fees for smoking in a rental car, $50-$100 for public space violations in some cities, and much higher penalties for businesses allowing smoking in prohibited areas.
 

How often do people get evicted for smoking?

Smoking-related evictions happen far less often than pop‑culture suggests, accounting for well under 2 % of all residential evictions nationwide. The National Housing Survey reported only 1.3 % of landlords cited smoking violations as the primary cause for ending a tenancy in the past year.

Can you smoke on the balcony of a non-smoking apartment?

In the US, each apartment owner or management team has the right to ban smoking indoors and outdoors. They can ban smoking anywhere on the property as long as the rule applies to all tenants equally. For example, Forest Park has smoke-free homes.

How to test for cigarette smoke in your home?

Look for ashtrays, cigarette butts, and smoke residue on walls, ceilings, and furniture. If you see these signs, it's likely that someone has been smoking in the area. Air Quality Test: Another way to detect cigarette smoke is through an air quality test.

Why can I smell my neighbor's cigarette smoke?

Shared walls, ceilings, and ductwork mean that air and the smoke within it can travel from one unit to another. Even if your walls are insulated, shared vents, electrical outlets, or plumbing chases can still allow air movement between units.

Does Febreze work on cigarette smoke?

Eliminate smoke smells and refresh your home. Sometimes smells linger in the home. Whether you're battling cigarette smells or smoky cooking, Febreze has the answer.

How can I stop the smell of my neighbor smoking?

In addition, you need to create a positive pressure environment in your apartment. That mean more clean air flowing in. Close kitchen vents and put a window fan somewhere that can blow in. That'll help prevent "dirty" smoke contaminated air from entering your apartment.