Cigarette Smoke in the Apartment

By Tenant

Secondary smoke can cause a whole lot of complications. That is why states have crafted laws that prohibit cigarette smoking in some areas. For apartments, the law is not yet very clear so the decision would come from your landlord. You cannot break the lease because of the smoke, (sorry to break that to you). Remember that the lease is legally binding so you need to go through the eye of a needle to break it. You need to show proof that the smoke is affecting your health or the peaceful enjoyment of your apartment.



Does this mean you can’t do anything about it? No. Like in anything else, there is something that you can do.

  • Talk to your landlord about it.

Like always, any tenant problem has to be disclosed to the landlord. It is the landlord’s responsibility to make sure that you are living in a safe and healthy environment. Obviously, having a lot of cigarette smoke in your apartment is not safe and not healthy.

  • Check your lease agreement.

You’d have to see what your lease agreement has to say about the cigarette smoke.  Are you renting a unit in a smoking or non-smoking complex? If it’s a smoking complex then you should know this would happen. Also, didn’t you smell the smoke when you did a walk through? It’s quite difficult to contest something that you were aware before but you just ignored and you’re now using as a basis for defense.

  • Request for repairs to achieve a smoke-resistant apartment.

Repairs to make your dwelling smoke-resistant would include a bettered air filtration system, filling holes, and weather proofing doors and windows.

  • Talk to the neighbor who smokes.

It’s always best to try to speak with the neighbor who smokes. Maybe you can politely request that he smoke outside.

If none of these work, gather proof that your health is slowly deteriorating because of the smoke. You need to attach a copy of the medical certificate in your next letter to your landlord, formally requesting that he resolve the situation. Have it mailed so you will have proof of having sent the letter (the receipt).

Before going to court and spending huge amounts on an attorney, you may try to use the services of a professional mediation service like the RPA. Here’s the link to their complaint center: http://www.rentalprotectionagency.com/complaint_center.php

Edited on: Tuesday, February 19th, 2013 7:55 pm

11 Responses to “Cigarette Smoke in the Apartment”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 19th, 2013 9:20 pm

I have small children in the house and their health is always my main priority. I have even told my husband to stop smoking since one of them has asthma. So imagine my frustration when this renter, who smokes like a chimney, moved in to the apartment next to us. We could smell his cigarette smoke in our house, in our clothes, and my children started getting sick. I understand it wasn’t my landlord’s fault since this isn’t really a no smoking building but that was a lesson learned the hard way.


Anonymous

February 20th, 2013 4:20 am

If you are sensitive to cigarette smoke, ask the landlord if it is a no smoking building. That’s the only way to avoid smoke problems later on.


Anonymous

February 20th, 2013 11:40 am

That’s why it is very important to do a walk-through before singing the lease agreement. During the walk-through, tune in your nose to any undesirable smell and your eyes to any damages that need to be repaired before you move in.


Anonymous

February 20th, 2013 7:00 pm

Unfortunately, breaking the lease is not easy. You would need to prove a lot of things and that takes time and money. Maybe that’s why others would just opt to pay for the early termination costs and move out.


Anonymous

February 21st, 2013 2:00 am

I’m starting a campaign for healthier apartments. I do this by educating landlords what the advantages of running a smoke-free apartment and yes, I’m doing a lot of progress.


Anonymous

February 21st, 2013 9:20 am

I relocated from NC to IL so it’s impossible for me to smell the apartment before moving in. I only saw pictures of it online and now, I’m stuck on a lease agreement that I couldn’t get out of because I have no money for the moving out expenses and early termination fees yet.


Anonymous

February 21st, 2013 4:40 pm

I rent and I smoke. I just smoke on the deck and if I bothered anyone about it, I would ask them personally. At least I understand how it feels like to live with smoker.


Anonymous

February 22nd, 2013 12:00 am

Check for any possible entry for smoke. If you smell cigarette smoke when you turn on the heater, it could be that your heating ducts are shared with the other units in the apartment complex. When this is the problem, you can tell your landlord about it so they can install some barriers in the ducts.


Anonymous

February 22nd, 2013 7:00 am

Talk to your landlord about it. If not, file a complaint. If that still doesn’t end it, go to court. It’s a cycle. You can’t just go to court without talking to your landlord first. You can’t just file a complaint without talking to your landlord first. Talk to your landlord first.


Anonymous

February 22nd, 2013 2:00 pm

It may be that a smoker lived in the apartment before you and the smell of smoke could get left on the walls. So when you do a walk-through, you should already smell a slight smell of smoke within just about three feet of walking into the unit.


Greg Michalak

March 8th, 2013 1:06 pm

I am an attorney in Los Angeles California and I was involved in a similar case. I do not know which state you live in but, you have several solutions. If the smoke enters you apartment you have a claim for nuisance and trespass. Depending on situation it might be violation of covenant of quiet enjoyment and habitability. Depending on how you proceed it can be battery, intentional infliction of emotional distress and harassment. If you rent you can sue your landlord in addition to tenant for permitting the above on the property. You should consult an attorney to determine how to proceed. Any kind of action can have repercussions, so attorney will make sure that you can sue for retaliatory eviction, etc. Any notices you give to landlord should be in writing. This is not a legal advice as I do not know specifics of your situation. Your lease may contain the clause for attorney’s fees.


Close


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Virginia Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.