How to talk to your neighbour about odours

There are steps you can take to reduce or eliminate the odour. Some common examples are:

• running an air purifier
• using an air freshener or lighting a scented candle
• closing your windows and using air conditioning instead
• opening a different window that is further away from the source of the odour
• making sure the smell isn’t coming from your property or roommate

If none of the above works for you to reduce or eliminate the odour, you may consider talking to your neighbour.

A nuisance is a substantial, unreasonable interference with your enjoyment of your property. Whether an odour is a nuisance depends on:

• what’s causing it
• where it’s coming from
• how intense it is
• how long it lasts
• how often it happens
• how it affects your health and the environment

Not every odour is a nuisance. Smell is subjective. Just because something smells bad to you doesn’t mean it smells bad to another. For something to be a nuisance, you must be able to show it was a substantial and unreasonable interference from the view of an objective observer.

Depending on where you live and the type of housing you live in, there may be other laws about nuisance and odours. For example, your municipality may have local bylaws dealing with nuisance and odours. You may be able to make a complaint if an odour is a nuisance at law. The person causing the odours can also be fined. So, check your local bylaws by contacting your municipality or visiting their website. If you are a tenant, check your lease. Likewise, if you live in a condominium, check your condominium bylaws.

Before talking to your neighbour about an odour problem, be ready to address any issues with sensitivity and respect. There may be some situations where smells connect to protected characteristics under human rights law. So, some smell-producing activities may be protected from discrimination under human rights law, even if you find the smell concerning.

For example, your neighbour may have a medical condition where using medical cannabis helps with their symptoms. Or, your neighbour cooks foods tied to their ethnicity or ancestry. You will need to be open and ready to respond to different solutions that will work for both of you.

Your neighbour might not even know they are bothering you! Having a simple conversation with your neighbour is a great way to set boundaries and try to resolve the situation.

It’s a good idea to plan what you want to say and how you want to say it. For example, you should think about and write down:

• what the problem is
• any specific incidents, including the date
• why the problem is bothering you
• common interests that you share with your neighbor
• your neighbour’s perspective and how they might respond
• your proposed solution

Gather anything that supports your position in one place, such as:

• the date and time the interference occurs
• the type of odour that is bothering you
• the relative strength of the odour itself
• any pictures or video evidence of the odour (for example, if the odour arises from smoke, you can take a picture or video of how much smoke is coming into your property)
• any witness or expert accounts (for example, air quality tests) of the odour
• any lease sections or condominium bylaws about odours

In private, you can rehearse what you want to say to your neighbour.

Here’s a template you can follow for the conversation:

• Firstly, respectfully and calmly explain what the problem is.
  “I’ve noticed that you occasionally smoke cannabis on your back porch. The odour has been coming through my open windows and into my house.”
• Explain exactly why the problem is bothering you, without being confrontational or making accusations.
  “The smell has been giving me a headache, and I’m worried the odour is absorbing into my furniture and curtains.”
• Outline common interests you and your neighbour have. Your neighbour may be more likely to respond positively if they feel you are working towards the same goals.
  “We both value our peace and ability to enjoy our homes as safe spaces. Anger or conflict won’t help us reach that goal.”

• Suggest one or more potential solutions.
  “When you notice my windows are open, can you go for a short walk when you want to use cannabis? That way, the smoke doesn’t come into my home, and you can still use it.”
• Finally, be open to considering and adapting your solutions with your neigbour’s input.
  “During days that my neighbour cannot leave their home to smoke cannabis, we agree on times that I would be able to open my window and they would not smoke. We agree on times that I will shut the window and they can smoke.”

After that conversation, make notes of what you and your neighbour said. Plus, the date and time you spoke and the outcome.

Sometimes, you may not be able to come to a solution that works for you and your neighbour. Or, you may feel more comfortable raising your concerns in writing. If you can’t agree to a solution or haven’t been able to talk to your neighbour, you should consider documenting the issue in writing. You can send a written letter or e-mail to your neighbour.

Below is a template to complain about an odour problem. To use it, copy the text into a typable document and insert your words in place of the prompt words in the square brackets. You can change the template wording to suit your situation.

[Neighbour’s name]

[Neighbour’s address]

Dear [Neighbour],

My name is [name] and live at [address]. I am writing to let you know that odours from your property have been bothering me. I hope we can work together to find a solution.

First, here is my concern. [Outline what the odour is and why it is bothering you. Reference specific events you may have been recording through the documentation stage. But remember, try to explain without being confrontational or making accusations. For example: I’ve noticed that you occasionally smoke cannabis on your back porch. The odour has come through my open windows and into my house.]

This might be a violation or breach of [local odour bylaw you think your neighbour might be violating].

I don’t want to come across as confrontational. [Identify some common interests you and your neighbour have. For example: We both value our peace and ability to enjoy our homes as safe spaces.]

I think the following solution will work for both of us. [Propose a solution that will solve your problem but that you believe your neighbour might accept. Would you be willing to go for a short walk when you are using cannabis? That way, the smoke will be less likely to come through my windows.]

I’m open to talking more about this so that we can come up with a solution that works for both of us.

Thank you for reading this. I appreciate your time. You can reach me further at [your contact information].

[Your signature]

[Your name]

Below is a template to complain about an odour problem. If you don’t want your neighbour to know who you are, you can use this anonymous letter template. To use it, copy the text into a typable document and insert your words in place of the prompt words in the square brackets. You can change the template wording to suit your situation.

[Neighbour’s name]

[Neighbour’s address]

Dear [Neighbour],

I live nearby and writing to let you know that odours from your property have been bothering me. I hope we can work together to find a solution.

First, here is my concern. [Outline what the odour is and why it is bothering you. Reference specific events you may have been recording through the documentation stage. But remember, try to explain without being confrontational or making accusations. For example: I’ve noticed that you occasionally smoke cannabis on your back porch. The odour has come through my open windows and into my house.]

This might be a violation or breach of [local odour bylaw you think your neighbour might be violating].

I don’t want to come across as confrontational. [Identify some common interests you and your neighbour have. For example: We both value our peace and ability to enjoy our homes as safe spaces.]

I think the following solution will work for both of us. [Propose a solution that will solve your problem but that you believe your neighbour might accept. Would you be willing to go for a short walk when you are using cannabis? That way, the smoke will be less likely to come through my windows.]

I’m open to talking more about this so that we can come up with a solution that works for both of us.

Thank you for reading this. I appreciate your time.

If you have already notified your neighbour about an odour problem and haven’t been able to resolve it, here are some further actions you can take:

• Contact your local municipality. If your neighbor is breaking a local bylaw about odours, you can file a complaint or ask the municipality to act on the problem. Contact your municipality directly for more information. You should also check if your municipality has an online complaint form.
• Consider alternative dispute resolution. For example, mediation is a process where a neutral third party hears both person’s positions and attempts to devise a solution that each person can accept. Mediation is usually cheaper and quicker than formal legal action.
• Know your legal rights and responsibilities, as well as options for taking legal action. Review information about nuisance laws and know where to get legal help. Refer to the Who can help section below.
• Consider legal action. You should speak to a lawyer to determine what legal actions you could take. However, consider carefully if formal legal action is the right option. Legal action can often be expensive and stressful, and there is no guarantee you will get the desired result.

Other than the law of nuisance, other laws may be relevant in a smoking or vaping situation. For example, Alberta’s tobacco, smoking and vaping laws (the Act does not apply to private residences) and municipal bylaws limit where people can smoke or vape in public. But depending on the type of housing you live in, there may be additional rules. For example, landlords, property managers and condominium boards may have rules about smoking or vaping in units and common property.

Firstly, you can look into the law of nuisance and follow the steps above. Under tenancy laws, tenants also have the right to peaceful enjoyment of the property. This may include not being exposed to ongoing and substantial odours (for example, secondhand smoke). You should also check whether your lease specifically prohibits smoking or odour-related issues. You can also raise the issue with your landlord or property manager to resolve the problem. To learn more, refer to the Having Problems with another Tenant article.

Firstly, you can look into the law of nuisance and follow the steps above. If you live in a condominium complex, your condominium bylaws may also have additional rules about smoking or odour-related issues. So check your condominium bylaws to see if they address your situation. You can also raise the issue with condominium board or property manager to resolve the problem. If you are a condominium owner and want to learn more, refer to our Dispute Resolution for Owners page.

Learn more from CPLEA about your legal rights.

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