Being a tenant
Noisy neighbours, foul smells: Your recourses for problems with neighbours
Doors violently slammed, music played too loudly, strong smell of cannabis smoke, foul odours... neighbours can sometimes be a source of annoyance. What does the law say about this?
Tolerance has its limits
Neighbours must be somewhat tolerant of one another. You must therefore accept what are considered the “normal” inconveniences of living alongside neighbours, for example, the leaves from your neighbours’ tree falling on your yard during autumn.
However, you don’t have to accept annoyances that go beyond what is normal and make things unbearable. A behaviour is considered unacceptable when it is excessive, serious, and repeated.
For example, music played loudly at all hours of the day and night may amount to an unacceptable nuisance. Likewise, for a strong odour coming from your neigbour’s apartment.
This type of situation is known as a “neighbourhood annoyance”. The law provides you with some recourses in this situation.
Are neighbourhood annoyances only caused by neighbours?
No, neighbourhood annoyances can be caused by others. People who live with your neighbours – or even just visit them – can be the source of unacceptable nuisances.
You have the same recourses against them even if they are not strictly speaking your “neighbours”. The law considers that unacceptable behaviour by them also constitutes a neighbourhood annoyance.
Your recourses
If you feel comfortable doing so, speak to your neighbour. An honest and open discussion could solve the problem and avoid escalating things.
If the problems persist or you cannot speak with your neighbour, you could inform your landlord. Legally, it is your landlord – not your neighbour – who is responsible for providing you with the peaceful enjoyment of your apartment.
If this does not solve the problem, you can send a demand letter (also known as a “formal notice”) to your landlord.
If, despite doing all the above, things do not improve, you can file an application with the Tribunal administratif du logement (TAL) to request a rent decrease or to end your lease. In some cases, you may be able to get financial compensation due to the difficulties you have endured.
A valuable resource
The TAL publishes summaries of decisions on neighbourhood disturbances, cannabis, and pets. You can read these to understand your rights and learn how the TAL has decided on situations similar to yours.
Citizen mediation
At any time, you have the possibility of using citizen mediation (also sometimes called community mediation), whether it is with your neigbour or your landlord.
Citizen mediation is a way of discussing the problem you’re facing and trying to find common ground to reach an agreement. It’s free of charge.
You can contact Équijustice or the Association regroupant des organismes de justice alternative (umbrella group of alternative justice organizations) to learn more about citizen mediation or to find a volunteer mediator who meets your needs.
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.