Microsoft Word - sample_complaint

SAMPLE TENANT COMPLAINT LETTER

Requesting landlord take steps to reduce or eliminate the problem of

second-hand smoke

This sample letter is designed for tenants who are being involuntarily exposed to second-hand smoke infiltrating

their homes from a neighbouring unit. If a neighbour’s smoke is infiltrating your unit on a frequent and on-going

basis and substantially interfering with your reasonable enjoyment of your unit, your landlord has a responsibility

to remedy the situation.

It is imperative that you document the extent, frequency and impact of the smoke entering your home, as

well as all communications and actions related to the problem. Be sure to retain a copy of each letter you send to

your landlord. (See the ‘Taking Action’ section of our website for more information.)

Steps Examples

Describe the source and extent of the problem.

If this is your first letter, start on a positive note.

Landlords get lots of complaints, so start by explaining

why you like your unit or the building. Describe how

often the smoke is coming in, where it comes from and

be sure to emphasize that it is more than a temporary

discomfort or inconvenience.

Identify:

• When the problem first started;

• How the smoke is entering your unit (i.e. through

open patio doors);

• Where the smoke is coming from (i.e. upstairs

neighbour’s balcony);

• How often the smoke enters your unit on a daily

• or weekly basis. List dates, times and frequency of

occurrence;

• How much smoke is entering your unit. Does the

smoke stay in one area or does it permeate other

areas of your home?

For second-hand smoke to qualify as a breach of your

reasonable enjoyment, it must be frequent, ongoing

and substantially interfere with your normal use and

enjoyment of the apartment.

(See ‘last resort remedies’ section of our website for

more information on reasonable enjoyment and

second-hand smoke.)

Dear (Landlord),

Re: Loss of reasonable enjoyment due to second-hand

Smoke

I am a tenant residing at (enter address) and have

been paying the current rent of ($ amount) per month

since (anniversary date on tenancy agreement). I like

living here, and until now, I have enjoyed my tenancy.

(If you don’t want to move, emphasize that here).

Unfortunately, I am currently faced with second-hand

smoke coming into my unit from [enter the unit number

if you know where the smoke is coming from]. The

smoke comes in through the closet in my daughter’s

bedroom, and also seems to be coming in through the

gaps around the plumbing under the bathroom

cupboard. It is definitely worse in the evenings and

weekends when our neighbour is home. It happens

every single day without fail.

(See attached log with the times and dates the

smoke has entered my home.)

Steps Examples

Describe how it has impacted your health.

Identify:

Symptoms or illnesses caused by the smoke, including

asthma attacks (and the need for a puffer if none was

required before), headaches, burning/watery eyes, sore

throats, bronchitis, ear infections, heart problems, etc.

• Is smoke worsening a pre-existing health problem

such as asthma, allergies, heart disease, high blood

pressure, fibromyalgia, or cancer?

• Do you fear for the health of your infant? Babies who

are exposed to second-hand smoke have a higher risk

of dying from Sudden Infant Death Syndrome (SIDS).

I am very concerned about my daughter’s health. She

has asthma and I have noticed she is coughing more

and needs to use her puffer at night, something she

didn’t previously need to do.

I am enclosing a letter from our family doctor stating

that my daughter should not be exposed to second-

hand smoke and that she could suffer a serious

asthmatic attack.

Also, I have started to suffer from frequent headaches,

something I have never had before. I don’t get them

when I am away from the apartment, so it is clearly

linked to the smoke.

Describe how the smoke has denied you full use

and enjoyment of your home.

Identify:

• Has all or parts of your home become

uninhabitable at times?

• Are you forced to stay out of certain rooms

because of the smoke?

• Are you unable to open your windows or balcony

door?

• Are you unable to use your balcony?

• Are you unable to use your fans or heating

system?

• Have you been forced to leave your home on

certain days or at specific times to avoid the

smoke?

• Are friends and family unable to visit you because

of the smoke?

This is especially important if apply to the Landlord and

Tenant Board for a dispute resolution hearing. Past

LTB decisions indicate it is not sufficient to simply

prove that smoke is present in your home. You need to

provide extensive evidence demonstrating the extent

and frequency of the smoke and how it is causing a

loss of your reasonable enjoyment.

Because the smoke infiltration is significant in my

daughter’s bedroom, she now sleeps in my room on

a cot. We keep her bedroom door closed all the

time, so unfortunately we don’t have use of this room

anymore, despite paying for a two-bedroom apartment.

We also are forced to keep our windows open day

and night to try to air out the unit, but now that the

weather is getting colder, we won’t be able to keep

the windows open as often.

Further, we can’t afford the extra heating costs

because we have to keep the windows open in the

winter. We are very fearful that with the coming cold

months, the problem will worsen.

Describe what steps you have taken to resolve the

problem yourself.

Past Landlord and Tenant Board decisions indicate that

cases are generally looked upon more favourably if

tenants can show that they have taken steps to

address the problem themselves first.

I have tried using duct tape to block the cracks, and

seal the gaps around the pipes in the bathroom, but

it hasn’t stopped the smoke from entering our home.

As indicated above, we keep our daughter’s

bedroom door closed all the time, and keep our

windows open day and night to try to air out the unit.

We also tried to politely talk to our neighbour about

the problem, but he only got mad, and said that he

could do what ever he wanted in his own home.

Steps Examples

Collect and attach supporting evidence.

Identify:

• Did your landlord misrepresent the tenancy with

assurances that the building was smoke-free?

• Do you have any witnesses who could vouch for

you?

• Do you have a copy of the advertisement?

• Obtain written proof from neighbours, friends and

family concerning the extent and frequency of

smoke entering your home. The more people who

can verify your complaint, the stronger your case.

• Obtain a letter from your physician to verify that the

smoke is making you or your family members sick,

or aggravating an existing condition or illness.

Please find the attached documents that support my

claim of a loss of reasonable enjoyment.

Provide information about the dangers of second-

hand smoke. (Optional)

For more information on the dangers of exposure to

second-hand smoke go to the US Surgeon General’s

Report at:

www.surgeongeneral.gov/library/secondhandsmoke/

Second-hand smoke is a serious health hazard that

can lead to disease and premature death in children

and nonsmoking adults. There is no known safe level

of exposure. Even brief exposure can be harmful to

people’s health. Second-hand smoke:

• Is poisonous, and exposes residents and families

to over 4,000 chemicals;

• Contains more than 50 chemicals that are known to

cause cancer in humans;

• Is a class ‘A’ cancer-causing substance ranked

with the most deadly substances, including

benzene, chromium, cadmium, and arsenic.

Steps Examples

Make your request.

If the building is a no-smoking building, ask the landlord

to enforce the no-smoking policy. If smoking is

permitted in the building, some sample requests

include:

• That your apartment (and that of the smoker) be

sealed to minimize air transfer. This may help a bit,

but realistically won’t permanently stop the

problem;

• That your landlord talks to the tenant who smokes

to negotiate a solution, like smoking outside.

However, if this does not stop the smoke transfer,

request that the landlord take steps up to and

including evicting the smoking tenant. (Be prepared

to accompany your landlord to the Landlord and

Tenant Board to testify.)

• That you be moved to another unit in the same

building, or another building owned by the landlord;

• That you be freed from your lease without penalty

(you could even try asking your landlord to pay for

your expenses;

Although it won’t help your current situation, you could

also request that the landlord adopt a no-smoking

policy for new tenants.

The situation has become utterly intolerable and I need

your help.

Given the seriousness and urgency of the situation, I

am asking that you talk to this tenant and ask him for

his cooperation in not smoking in his unit.

We can see if this will stop the smoke from entering my

apartment. However, if this does not solve the problem,

or he does not want to try a compromise solution, then

I would ask that you consider applying to terminate his

tenancy and evict him for causing the loss of my and

my daughter’s reasonable enjoyment of our home.

I promise that I will support your actions, and that if he

should dispute the application to terminate his tenancy,

I am prepared to accompany you to the Landlord and

Tenant Board for a dispute resolution hearing.

Ask for a response by a specific date.

If your landlord does not respond by the date you

request, you will need to apply for a hearing at

the Landlord and Tenant Board, or consider moving

to protect your health.

I would appreciate a written response to my letter

within two weeks so that I can move forward on this

issue knowing your position.

Thank you very much for your assistance on this

important matter.

Sincerely,

Deliver the letter.

Either post or hand deliver the letter, and be sure to

keep a copy for yourself.

The hope is that the problem can be solved amicably.

However, if all else fails, you may consider filing a T2

form (Application About Tenant Rights) for with the

Landlord and Tenant Board citing breach of reasonable

enjoyment.

This is generally seen as a last resort as it can be

time-consuming, divisive, and the bar is high to prove a

loss of reasonable enjoyment due to second-hand

smoke. There are no guarantees that you will win.

Nonetheless, if you choose to pursue this route, we

suggest that you review the ‘last resort remedies’

section of our website for more information, as well as

the ‘case law’ section to see the outcomes of other

tenants’ applications.

Consider copying your letter to government officials

and health-related agencies.

Copies to:

• City Councilor

• MPP

• Minister of Municipal Affairs and Housing

• Minister of Health Promotion

• Non-Smokers’ Rights Association

• Ontario Tenants Rights