My neighbor in my apartment building smokes nonstop....making me sick what to do?

Question

I live in an apartment, and out downstairs neighbor smokes an estimated 3-5 pakcs a day, everyday. He has made an attempt to use air filtration within his unit, but it still seeps into ours everyday to the point where we are becoming ill from it. You can even taste it. The whole house smells of stale smoke and were non-smokers. The managment says its their right to smoke, and there is nothing that can be done about it. The manager I believe is a bit biased, as they smoke as well. I'm not sure how to approach this sitiuation, I feel there must be some kind of law or regulation to insist that I have an opportunity to not be forced out of my home because I'm sick from someone else's actions.

Answer 1

I'm no lawyer, but it sounds like you have a case. Your neighbor has a right to smoke in his apartment, but I imagine that his rights end where your apartment begins.

Tell your landlord that you're going to contact a lawyer to explore what legal options, if any, you have. That alone could be enough to rattle his cage and make him do something about the situation.

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Answer 2

You might have some sort of claim from breach of covenant, but you have to move out for that to kick in. But case law and statutes would determine if that would apply. And if you knew that there was a smoker there before you moved in, that undermines a lot of what you can do. Likely, you would not be penalized for breaking your lease, but they can't stop someone from smoking.

Unfortunately, you don't have much recourse that I know of unless there is some sort of city regulation or something that is specific to your area. As long as it is a building in which people can smoke, you're stuck. Maybe you could negotiate with your landlord to move into another, similar available unit? In the meantime, purchase your own air filter -- some are pretty inexpensive and will help. Apartments are seen as a consumer product, not a homestead, so even though you view it as your home, the courts look at it differently because it is not your property.

Contact a lawyer or legal aid for your options. Next time, look for a building that does not allow smoking.

Answer 3

Sigh, I hate to say this because I think we live in too litiginous a society as it is. However.

You have a right to have a 'habitable' apartment, but if you don't complain to the manager, the manager doesn't need to help you. The manager may determine there is no health risk or may install filters in your air exchange, or whatever. Whether you have a real legal issue may depend in part on what state you are in. In California, with Proposition 65 there are notice requirements, at least arguably.

However, I would just tell your manager the problem and see what he/she suggests.

OK, I see you already did this. Again, I don't know what state you are in. You might mention the word 'habitability'. It doesn't go to the smoker, the smoker isn't renting you a residence supposedly fit for habitation. However, if we are really just talking odor here, not smoke, you may have a hard time.

I despise the smell of cigarette smoke and hate reeking of it when others have smoked, and am secretly glad there is so little of it now in California. (I say secretely, because I do believe in individual rights, and this issue creates a conflict between my rights not to reek and others' rights.)

Answer 4

I agree that there should be a law on this sort of thing, but there isn't. If you live in a city/state/country with no-smoking-in-public-places legislation and an excellent lawyer, you could try suing (don't trash the idea, it's the only way we have to protect ourselves under the current regime's laws), especially if you could prove deteriorating health. If you go that route, buy new air filters, run them in your apartment and have them tested by a lab -- that works for showing banned pesticides.

You'll probably have to move though. Even if it were to end today, it will take years before the toxins that have already gotten into carpeting, walls and furniture break down. In the meantime, you'll have continuing exposure to them. The sooner you go, the less damage to your health.

Answer 5

He has the right to smoke within the confines of his own apartment. Too bad because second hand smoke can be deadly.
If you cannot move the hell out of there then your next move is to buy a very powerful air purifier and keep it going all day and night. It won't cure the problem but it will help a lot. Find out where the smoke is coming from and place stoppers in the walls and doors. This is a very bad and unhealthy situation and can be deadly. Get the hell out of there!!!!!

Answer 6

As a smoker, I have to say that they are right in that the guy below you has the right to smoke in his appartment.

HOWEVER, you have the right as a non-smoker to live in a home that is smoke free. Ask your apartment manager to allow you to transfer to a different apartment. If you have to, get your doctor to send a letter to the apartment manager stating how this has affected your health. If the manager refuses, sue the complex. It's the American way.

Answer 7

Get one of those hepa air filter systems that stay on all day and clean the air in your house with positivly charged ion plates.

That should help. Goodluck. I hate smokers!!

Answer 8

Seems like the simplist amswer is move. Unless you enjoy prolong legal battles and giving away a bunch of money to attorneys, The guy has every right to smoke and you have every right to move away if it indeed bothers you that much.

Answer 9

I think a move to another apartment is in your future.

Answer 10

sorry this is a bad situation
try and keep a positive pressure in flat windows closedto his side and fan facing there too