What to do about neighbor's stinky cigarette smoke?

Question

I live in apartment. They're fairly nice and expensive. However, one of the neighbors must be a heavy smoker, because my apartment fills with the smell of cigarette smoke every single day. It's especially bad in the kitchen and if you turn on the vent fan above the stove, it smells terrible! It also comes through the fan in the bathroom. The smoke is so bad and is triggering headaches in me nearly every single night (I'm prone to cluster headaches and cigarette smoke is a trigger for me). It's also making my throat sore. I know these are the effects of the smoke because I lived with family that smoked for 17 years. Anyway, what can I do about this? I live in Washington state. I know we just passed strict anti-smoking laws, but I don't think anything is mentioned about cases like this. The apartment staff is incredibly unhelpful. It's becoming unbearable to be in my own apartment! I can't afford to move either and am still locked in to a 10 month lease. Does anyone have any suggestions?

To iritadragon: I'm not having issues with my neighbor. I'm not the only one who has noticed the cigarette smoke. My in-laws first pointed it out to me when I came back from a trip to California and they were watching out apartment. This isn't in my head. Ultimately, I wouldn't care if I could smell the cigarette smoke as long as I didn't have the physical problems that came along with it. And it isn't psychological. My throat is sore. I get headaches. Is it so inconceivable that the toxic chemicals in cigarettes could cause these things? Cigarettes KILL people. Yet if I get a sore throat or headache from second hand smoke, it must be psychological? That's just silly.

Ultimately, I don't even know which neighbor it is. It could be the guy below me which would make sense because the way the apartment is set up. It doesn't have very good insulation and it could very likely have a problem with the fans. I smell the dryer sheets of my neigbhors dryer when they do laundry as well.

Answer 1

Maybe try calling this number to start with and possibly they can direct you. The venting system in your complex doesn't seem to be properly installed for each individual unit.

Tenants Union of Washington State
Tenants Rights Hotline: [phone]

LANDLORD'S RESPONSIBILITIES [RCW 59.18.060]
The landlord must:

Maintain the dwelling so it does not violate state and local codes in ways which endanger tenants' health and safety.
Maintain structural components, such as roofs, floors and chimneys in reasonable good repair.
Maintain the dwelling in reasonable weather tight condition.
Provide reasonably adequate locks and keys.
Provide the necessary facilities to supply heat, electricity, hot and cold water.
Provide garbage cans and arrange for removal of garbage, except in single family dwellings.
Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards.
Control pests before the tenant moves in . The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant.
Make repairs to keep the unit in the same condition as when the tenant moved in -- except for normal wear and tear.
Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.
Inform the tenant of the name and address of the landlord or landlord's agent.
Set water heaters at 120% F when a new tenant moves in.
Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.)
Promptly terminate the tenancy of a tenant who has threatened another tenant with a firearm or other deadly weapon and who has been arrested for the threatening behavior.
Refrain from threatening a tenant with a firearm or other deadly weapon under circumstances which result in the landlord's arrest. [RCW 59.18.354]

Answer 2

Iritidragon so you think a sore throat and headache are psychological?? Second hand smoke affects a lot of people and why should we have to inhale that crap anyway? In situations like this unfortunately the only thing you can do is move. I have a neighbor too that smokes and my roommate and I are getting affected by it. I can't be around smoke because I have asthma and restrictive lung disease. For now I'm using air purifiers but if it continues we'll have to move because its dangerous for me with my lung problems. And no that's not psychological..

Answer 3

You may want to contact an attorney to break your lease...Get in writing what you have just wrote here, that the apartment staff is unhelpful. Get a copy of your lease, and read it!....I am probably not going to word this right but, somewhere in your lease it should say something about your rights as a tenant, being bothered by another tenant....I use to work at a resort where the owners house is above two of the cabins they rent out, I would have to go in their house to get laundry, and they don't smoke, but you could smell it from the downstairs visitors, when they cooked etc. you could smell it plain as day....I smoke, but you have a right to have Your home not smell like cigarettes....there has to be something in your lease that can make you break it, because that seems to be your only option, because cigarettes are legal....Unless there are no smoking apartment complexes, guess what you do in the privacy of your own home that isn't illegal is just the way it is, that tenants can smoke....Read your lease thoroughly.

Answer 4

Complain to the Homeowner's association. There are always rules about times of day for making noise. Then call the cops for his 5 am guitar ritual...disturbing the peace. As to the smoke? Don't start a war. It isn't worth it. Run the air.

Answer 5

Unfortunately, there is nothing you can do about stopping someone from smoking in their own home. I'd save up as quickly as I could to move. Next time be sure you find a place that has no smoking rules in place.

Answer 6

Well, I don't think it can be your vent fans that are causing this. Vents carry the air in your apartment AWAY, they don't blow it in. If your vents are communal, you could conceivably be getting the smoke of people who live underneath you (because hot air always rises), until you turned your fan ON, which would prevent any air from coming in.

I think you may have developed another trigger, or your brain has decided that THIS is the cause, and is triggering your cluster headaches because of this perceived threat. (It is an especially good indication, because of the fans--unless they were put in upside down, they can NOT be the cause of bringing stale air into your apartment.)

There are filters that can be bought for any type of airflow opening. Go to your home improvement store and ask a sales associate for help.

In the meantime, stop blaming your neighbour for a problem that by the laws of physics is impossible for him to be causing! Are you sure you haven't had run-ins with him about something else, and are just using this excuse to "get" him?


To Spyder X again: I really do understand what smoke can do to you. I was a one pack a day smoker until 10 years ago, when I had to give it up because I could no longer breathe. Unfortunately, I get the same reaction now when I smell second hand smoke--I can't breathe, and I get chest pains and headaches.

Maybe you should consider moving, if the insulation between apartments is so bad that the smell of dryer sheets is discernable from someone else's apartment. If the smell can travel between apartments so easily, what about actual fire? It sounds like the apartment may be a fire hazard.

Sorry for stepping on your toes re the neighbour. I have been told before that I can be harsh. Unfortunately you inherited just a little bit of the attitude the antics of my three grandsons engendered this morning when they were being totally uncooperative at getting ready for school.

If moving isn't an option, I would look at the possibility of getting the fans checked. Even if you brought in a serviceman of your own, it would be worth it in the long run to help rid you of those headaches. And the use of an ionic air purifier may take care of the rest.

Answer 7

1) Use those fan things to vent the air out of your apartment outwards.

2) Use air purifiers

3) Get some plants into your apartment, certain plants contain properties which neutralize bad odors such as smoke.

4) Use aromatheraphy ? Eucalyptus is an excellent strong smell that can help you breathe ebtter.

If all else fails, tell him off. You deserve a peace of mind!

Answer 8

There is obviously something wrong with you ventilation system. You should not be getting smells from your neighbors. Ask the apartment complex if someone can look at the vents or put up a screen. If they will not do it, try hiring soemone who can put better filters on your vents. It may not prevent the smoke completely but it may help a lot.

Answer 9

Get a clean air machine, and put it in the room with the most smoke smell.

Answer 10

keep bathroom fan running especially when running kitchen vent. should be grounds for lease nullification,relocating expense compensation, or resolution from landlord. definitely a health hazard. good luck