Our landlord turned the basement of our home into a separate living space that has been rented out with in the last few weeks. The problem is that the whole house is on the same heating and cooling system. The people down stairs smoke like freight trains and the smoke comes up into the upstairs. It gets so bad at times it like living in a bar.
The second hand smoke is making us all ill. When my husband spoke to the landlord about the issue he pretty much said that it was too bad.

When we moved into the upstairs he made it clear that there was to be NO smoking. Now the whole house smells. Its in the curtains the carpet and even our closets reek! At times I think I smell pot from down stairs but can't be sure.

I looked into getting an air cleaner and found out that it will cost almost $650. I checked the Attorney General site for my state but found nothing helpful. We can't move at this point as my husband is out of work and we don't have the money for a move.

Any ideas on what we can do?

Have you checked with the Zoning Dept and the Building Dept of your county to see if this basement living space is legal? It may not be. The Zoning Dept can tell you one way or another if it is. If it isn't, then this space must either be vacated or brouht up to code. And your landlord will have no say whatsoever in this as it's the County who will decide. Possibly it's not legal. Also the Building Dept will be able to answer if any building permits were pulled for the basement and if this was inspected as well. Good luck!

Have you tried talking to your neighbors? Mention to them the fact that there was a "no smoking" prohibition when you moved in. Tell them, politely, that it is making you ill. If that doesn't help, try seeing if there is a way to arbitrate the situation. Be willing to compromise with your neighbors, be polite and try not to add emotion to your argument, and seek outside help if you can, and you will go a lot longer in your case. If that doesn't work, can you gain access to your ducts? Why not put those cardboard and blue fiberglass filters you find in grocery stores, right at the vents? That might make the problem a little more bearable.
My friend has a thought. Maybe withhold a small portion of your rent to the landlord and say that until he fixes the problem, you'll keep doing that. Not much, maybe $20, and when he does fix the problem, be prepared to pay him the amount that you would have paid him all those months to make him happy.

Have you checked with the Zoning Dept and the Building Dept of your county to see if this basement living space is legal? It may not be. The Zoning Dept can tell you one way or another if it is. If it isn't, then this space must either be vacated or brouht up to code. And your landlord will have no say whatsoever in this as it's the County who will decide. Quite possibly it's not legal. Also the Building Dept will be able to answer if any building permits were pulled for the basement and if this was inspected as well. Good luck!!


The only problem with that I see, is that the landlord will know who turned him in, or the county will investigate their space, and either way, the OP will then be forced out, and they are not in a position to do that...

You said that both areas are on the same heating/cooling. I'm curious as to how you are paying for the heating/cooling bill. Do you pay it separately from the rent, or is it included?

You said that both areas are on the same heating/cooling. I'm curious as to how you are paying for the heating/cooling bill. Do you pay it separately from the rent, or is it included?

That's the kicker... the thermostat is upstairs. The people down stairs are supposed to pay 40% of the bill and we pay the rest. I Guess his thinking is that since its only a 2 bedroom that we should have to pay more.

Have you tried talking to your neighbors? Mention to them the fact that there was a "no smoking" prohibition when you moved in. Tell them, politely, that it is making you ill. If that doesn't help, try seeing if there is a way to arbitrate the situation. Be willing to compromise with your neighbors, be polite and try not to add emotion to your argument, and seek outside help if you can, and you will go a lot longer in your case. If that doesn't work, can you gain access to your ducts? Why not put those cardboard and blue fiberglass filters you find in grocery stores, right at the vents? That might make the problem a little more bearable.
My friend has a thought. Maybe withhold a small portion of your rent to the landlord and say that until he fixes the problem, you'll keep doing that. Not much, maybe $20, and when he does fix the problem, be prepared to pay him the amount that you would have paid him all those months to make him happy.


This is not good legal advice - if OP doesn't pay the rent, OP will be evicted - if the landlord so chooses. You cannot simply withhold rent. It's illegal.

I'm a landlord. I don't see this is a problem between tenants. I see this as a problem between the tenant (OP) and the landlord and that's who should resolve it.

If there is a lease which states "no smoking," the landlord has broken contract. I don't know how far the OP wants to push this.

This is not good legal advice - if OP doesn't pay the rent, OP will be evicted - if the landlord so chooses. You cannot simply withhold rent. It's illegal.

I'm a landlord. I don't see this is a problem between tenants. I see this as a problem between the tenant (OP) and the landlord and that's who should resolve it.

If there is a lease which states "no smoking," the landlord has broken contract. I don't know how far the OP wants to push this.

I know our rental aggrement states that there is to be no smoking in the upstairs, I can't say for sure about the basement. If I remember correctly the last person that lived down there smoked as well but it wasn't this bad. When we spoke to the landlord about it he said there was nothing it their aggrement that stated there was no smoking. *shrugs* I think he makes up the aggrements on a whim and doesn't really put much thought into them. Its like, he lives in Ca. so what does he care. He will be here on the 16th. I am going to have him come over in the eve. When its REAL bad and have him take a good deep breath!

This is not good legal advice - if OP doesn't pay the rent, OP will be evicted - if the landlord so chooses. You cannot simply withhold rent. It's illegal.

I'm a landlord. I don't see this is a problem between tenants. I see this as a problem between the tenant (OP) and the landlord and that's who should resolve it.

If there is a lease which states "no smoking," the landlord has broken contract. I don't know how far the OP wants to push this.

OH! And you are right. We cann't withhold rent. Id we did and had to go to court then it would go bad for us. As long as we don't do anything to break the rental aggrement then if it where to go to court or he tried to kick us out. It would look better for us.

Have you checked with the Zoning Dept and the Building Dept of your county to see if this basement living space is legal? It may not be. The Zoning Dept can tell you one way or another if it is. If it isn't, then this space must either be vacated or brouht up to code. And your landlord will have no say whatsoever in this as it's the County who will decide. Quite possibly it's not legal. Also the Building Dept will be able to answer if any building permits were pulled for the basement and if this was inspected as well. Good luck!!

Knowing our landlord as we do I could almost bet the space is illegal! And knowing how tight he is with money he would be ferious if the county made him redo everything! It would be funny in a way, but he would make our lives awuful!

It would be funny in a way, but he would make our lives awuful!Hello l:

He appears to making your lives awful RIGHT NOW.

Sooooo, it looks like you're going to have to (1) vacate, (2) live miserably, or (3) stand up for your rights.

Pick one, and I'll tell you how to accomplish it. Ok, forget about numbers 1 and 2. I think you can figure out how to do those on your own.

excon