I live in Chicago in rented apartment above illigaly rented basement. My neighbors from that basement are smoking cigaretes inside and all the smoke comes to my place. I tried talking to them and they always say they will stop but they still do it. I talked to my landlord but she said I have to take care of that. Is there anything I can about it ? When I was signing lease landlord asked me if I smoke or not because she doesn't want people smoking inside. There is nothing on the lease about smoking.Please help because my place smells like an ashtray.

Give the neighbors a Xmas gift of smokeless ashtrays.

Ok there are two possible ways of solving this. 1 is that somehow the smoking stops - either they quit, or get thrown out or whatever. 2. You stop their smoke from coming into your unit.

The second could be quite a chore or impossible, or it could be relatively easy. If you share forced air heat for instance, it will be impossible. In that case you live in the same place as far as the air is concerned. If you don't share forced air heat, then you should be able to insulate and seal between the two units. Also anything you can do to generate positive pressure in your unit will help by reversing the air flow so that the air from your places moves into theirs instead. This would be hard to do except in moderate temps when you could put a fan in the window blowing into the house. It will help to not run exhaust fans such as in the bathroom or kitchen vent (if it actually vents outside.) They are probably opening windows to try and air out the smoke, and the cold air comes in the basement pushing the warm air up through the cracks into your place.

But if it's not a legal space for occupancy call the code enforcer and report it, that would be going back to solution 1 which is the surest solution and saves you a lot of working on a unit you don't own. And it's the only way you have left. You gave both other parties a chance to resolve the situation without losing an apt / rental income. I see no moral breech in using the housing code to solve your problem, your account of the responses of the other two parties shows it's every person for themselves

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Originally Posted by DavidinMichigan

I see no moral breech in using the housing code to solve your problem, your account of the responses of the other two parties shows it's every person for themselves

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Hello:

I agree with ONE caveat. I'd write the landlord a letter informing him that if he doesn't control the behavior of the tenants in the ILLEGAL apartment below you, you'll have NO CHOICE, but to inform the authorities... Give him 72 hours to accomplish the task. Send your letter certified, return receipt requested..

If the time goes by, THEN I'd snitch on him. The letter also protects you from a retaliatory eviction.

excon

If the rental is "illegal" merely report it to the city rent control ( think they have it there) or to the code inforcement

Get the building closed and the residents evicted.

Thank you for taking the time to answer my question.Unfortunately we share forced air heat so that leaves me with the letter option. Thanks.

Thank you for your help. Can you evict tenants in the winter in Chicago? I'm afraid if I do contact authorities and they will do nothing because its winter then my living here will be a nightmare. I would move out but don't want to loose my deposit.

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Originally Posted by skruta

Thank you for your help. Can you evict tenants in the winter in Chicago? I'm afraid if I do contact authorities and they will do nothing because its winter then my living here will be a nightmare. I would move out but dont want to loose my deposit.

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Hello again, s:

What tenants are you talking about? YOU? Or the smoker? The smoker doesn't have to be evicted... He just has to smoke outside like everybody else does. And, you CAN'T be evicted in retaliation for your complaint...

excon

Buy yourself an air purifier, a good one, and keep that on. My son smokes cigarettes in my home about a pack a day and I have the air purifier on 24/7 and I can't smell a thing. The unit takes all the smoke out of the house and I have replaced the original filter in the unit with a washable filter that I wash out weekly.

If you do write letters, etc. I'm sure you'll be the one on the street for complaining and not the smokers.

I would be cautious here. If there is an illegal rental, the entire building could be closed and the tenants forced to vacate.

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Originally Posted by ScottGem

I would be cautious here. If there is an illegal rental, the entire building could be closed and the tenants forced to vacate.

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I quite agree here. Is OP looking to still keep living there or looking to move over cigarettes being smoked in the building? An air purifier (about $50) is much cheaper than finding another place to live.

I'm talking about the smokers. They know they have to smoke outside but they don't.If I call city of chicago they will find that basement is rented illigaly. In cases like that basement apartment is closed and tenants need to move out.

My question is : can you evict people from basement in winter or they have to wait till spring.

I don't have problem with moving but my lease ends in June and my landlord said she will not give me my security deposit back if I move out before lease is over. It's $1500 and I don't want to loose it.

If you are forced out because of an illegal apartment then she has no choice.

Wow, it's illegal to smoke in your own apartment now? I figured the OP just had 'em by the short hairs since the occupancy wasn't legal. If the smoking itself is a violation why not just call the fire dept or code enforcement?