Can you complain if your neighbour smokes?
Asked by: Dr. Darrin Sauer DDS | Last update: June 27, 2026Score: 4.3/5 (30 votes)
Yes, you can complain if a neighbor's smoking affects you, although the effectiveness of the complaint depends largely on your housing situation (renting vs. owning), local laws, and building policies. Secondhand smoke is often considered a nuisance, similar to excessive noise, and can be addressed through property management, health boards, or, in severe cases, legal action.
What to do about a neighbor who smokes?
If a neighbor's smoke is infiltrating your home, begin by documenting instances, reviewing your lease for smoking policies, and politely communicating with the neighbor. If the issue persists, notify your landlord in writing, contact local health departments or housing authorities regarding smoke-free ordinances, and consider using mediation services.
Can I report my neighbour for smoking?
This may depend on where the smoking is taking place. If the neighbour is smoking in their garden, then there is very little you can do to stop the smoke wafting over into your garden. If the neighbour is smoking cannabis on a regular basis, the police may be interested and may visit the neighbour to stop the activity.
Where to report neighbour smoking?
Under the Community Dispute Management Framework (CDMF), aggrieved residents are encouraged to engage their smoking neighbour in dialogue or mediation (if needed). If this does not work, aggrieved residents may file a Community Dispute Resolution Tribunal (CDRT) claim against the smoker.
Is there anything you can do about neighbours smoking?
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 to do if your neighbor keeps smoking & other tips
Can you sue your neighbor for smoking?
Sue Your Neighbor
Even if the smoker doesn't live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).
What is the 3-3-3 rule for smoking?
The 3-3-3 rule in smoking cessation describes major milestones where cravings and withdrawal symptoms peak: 3 Days (physical withdrawal peaks), 3 Weeks (mental/emotional struggles), and 3 Months (long-term lifestyle adjustment). It acts as a guide to prepare for, rather than fear, the toughest times in quitting, often dubbed the "icky threes".
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.
How to report inconsiderate neighbours?
In certain cases, you may need to make a police report. The police might advise you to file a Magistrate's Complaint, which can be done online if the neighbour's act is considered to be acting against the law (e.g. causing harassment, alarm, or distress).
Is smoking considered a nuisance?
Even if the smoker doesn't live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).
How to prove a neighbor is smoking?
Record Evidence: Take photos or videos showing the smoke's presence if visible and consider taking notes on any health symptoms or impacts, such as coughing or headaches. Perform an Air Quality Test: Some indoor air quality tests can capture the evidence needed to show your landlord that the problem exists.
What is the most common complaint about neighbours?
Living in such close proximity to one another, it's no surprise that disputes with neighbours can get heated quite quickly. The most common ones relate to: noise, such as loud music and barking dogs. parking.
Can you smoke in a residential home?
Law and policies about smoking
Because of this, care homes are partially exempt from indoor smoking bans. Care homes do not have to provide areas where residents may smoke, but they can if they choose. This might be a person's bedroom or a dedicated, ventilated smoking room.
What are my rights if my neighbor smokes?
Your first port of call should be to ask them to stop and if they don't report them to the police. If all else fails you can resolve a dispute with a neighbour by taking action through the courts. You may need to pay court fees and you will need to appoint a solicitor if this is the route you choose to take.
How to get rid of neighbor's cigarette smoke?
To remove cigarette smell from neighbors, immediately seal entry points using weather stripping on doors, cover vents with filters, and fill wall cracks. Use air purifiers with activated carbon/HEPA filters, place odor absorbers like baking soda or vinegar bowls around the home, and deep-clean fabrics.
What smell cancels out cigarette smoke?
To cover cigarette smoke, use strong, neutralizing scents like citrus (orange/lemon), eucalyptus, patchouli, or herbal fragrances that tackle odor molecules rather than just masking them. Effective options include sprays with odor-neutralizing tech (like Smoke Blaster or Armor All Smoke X) and natural absorbers like vinegar.
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 can I do if my neighbor won't stop smoking?
Sue Your Neighbor for Nuisance
Even if the smoker doesn't live under a no-smoking restriction, you might find a court to be sympathetic if you sue for creating a private nuisance (interfering with your ability to use and enjoy your property).
What can I do about neighbour's cigarette smoke?
If a neighbor's smoke is infiltrating your home, begin by documenting instances, reviewing your lease for smoking policies, and politely communicating with the neighbor. If the issue persists, notify your landlord in writing, contact local health departments or housing authorities regarding smoke-free ordinances, and consider using mediation services.
Was Princess Diana a smoker?
No, Princess Diana was not a smoker and was known to be a non-smoker who took an active stance against smoking. She famously maintained a smoke-free home and, in 1991, participated in a smoking awareness campaign where she registered a very low carbon monoxide level, confirming her status.