It is always a good idea to indicate what you would like to happen to solve the problem. You may have an idea that the landlord has not considered, so offer some suggestions. Ask your landlord to consider potential solutions such as:
Conducting repairs to the unit to seal off the smoke
- Install door sweeps and weather stripping around windows
- Fill or patch cracks in walls and ceilings
- Insulate the air spaces around plumbing pipes
- Insulate and place covers over electrical outlets
Inspecting the ventilation system for proper function
- Clean, change or install new filters in the ventilation system
- Add more fresh air intake into the ventilation system
- Restrict the amount of air exhausted through the ventilation system from units where there is smoking
Working with the smoking tenant to negotiate a solution
- Request that the smoking tenant stop smoking in specified areas where the smoke can enter your unit; only smoke during specified times of the day; or only smoke in designated outside areas
- Move the smoking tenant to another unit in the building or another building owned by the landlord
Evicting the smoking tenant if a reasonable solution cannot be reached
- If there is sufficient evidence that second-hand smoke is significantly interfering with the quiet enjoyment of other tenants, this can be considered a breach of quiet enjoyment and evicting the smoking tenant for cause may be warranted. (See Legal Opinion)
- If your landlord evicts the smoking tenant, be prepared to support the landlord at the Residential Tenancy Branch if the tenant disputes the eviction notice.
Moving you to another unit or building
- If applicable, ask your landlord to move you to another unit in the building – at no cost to you – with no adjacent smoking neighbours.
- If the landlord owns multiple buildings, ask to be moved to another building with assurances that adjacent units are non-smoking.