[beingscrewed]

We live in a small house divided into two units. A new neighbor has just moved in the other unit. He smokes cigarettes. The first night he stayed there the cigarette smoke was so bad I couldn't put my seven year old to bed until I turned a fan on and tried to get some fresh air in the bedroom. The smoke is coming through the walls or maybe the crawl space upstairs. It smelled worse than a Pub!
The next morning I called my Landlord and told him about this. He apologized and said he would talk to the neighbor. He also called back later and said to monitor the situation and let him know if its still as bad in one week. The guy is still smoking in there, but not as bad as the first night. My Landlord called back in one week and I told him that. He told the guy how the smoke is coming over here and bothering us and the guy said he's going to keep smoking in there. My Landlord told me its just something we have to deal with when we live in this type of place.
I looked all through my rental agreement and the only thing in there about cigarettes was to make sure the butts are thrown away. When I moved in eight months ago, I remember the Landlord asking if we smoked. I told him I quit but my husband smokes, and he said as long as its outside that shouldn't be a problem.
I don't think this is fair, why can't he go outside like everyone else? There are six units on this property, and several big stand up ashtrays around, and a NO Smoking sign in the laundry room.
We are in Washington State. Does anyone have any advise on this matter?:confused:

[Fr_Chuck]

I am sorry, I am a non smoker with asthma so I truly understand.

But there is no laws that says a person can not smoke in their own home. And as much as I hate smoking, I have to also say that a person has a right to smoke in their own home ( a rental apartment is their home) The landlord can not stop them from smoking inside their home.

If in the written lease it states he can not smoke inside the building, *while I am not sure it would be legal to have it in the lease* then you would have grounds to sue the landlord on

But if this smoking is making the home unlivable, it may be legal grounds to break your lease and move without penalties

[excon]

Hello screwed:

I think the Padre is on to something. Every landlord is required to supply a unit that is "habitable". A smoke filled unit for a non smoker definitely ISN'T habitable.

Plus, there is equipment out there that will stop his smoke from seeping over into your house.

Write a letter to the landlord. Send it certified, return receipt requested. In it, tell him that he is in violation of the universal "habitability" code, and you are giving him your 30 day notice based on that. You could also suggest, in the letter, that if he wishes to keep you as a tenant, he could buy and install some equipment that would remedy the situation. Otherwise, it's later Charlie.

excon

[shygrneyzs]

That very situation occurred here in my building. I live in a 4 plex and the two people who live on the north side were at each other's throat because the one (person A) smoked and the smoke would go into the other unit ( person B). The battle lasted for several months, ending by person A moving out. The landlord was not all that accommodating, saying that person A had the right to smoke in her unit. Person B even called the State Health Department and the Fair Housing Council and she was told the same. The landlord did come and put some insulation below the bathroom sink - that was one area where the smoke was entering. He also installed a new vent fan. It did help but not eliminate the problem. You could smell the smoke in the second bedroom - especially in the closest and all of person B's clothes stunk.

B sued A in small claims court for smoke damage to her clothes. She did not win. Then B sued her again for second hand smoke damage to her lungs. She did not win that one either. Not enough proof.

Finally A moved out because she said she could not stand the stress of B anymore. Life here is not dull. Lol.

Now your landlord told you that if your husband smoked outside that was not a problem? Do you have a witness to that? There too, if it is not specifically stated in the lease agreement or tenant handbook...

I know this is a tough issue. I cannot stand cigarette smell either - my youngest is very sensitive to it too. Hope you can find a solution to this without moving. Good luck.

Have you thought of installing a carbon monoxide alarm in the room where the smell is worse?

[beingscrewed]

Thank you all for your answers. Today since the old bugger is home making it stinky, I decided to stink him back. I am burning some very stinky incense in the closet that is in the crawl space upstairs where are units are attached. I would rather have that smell on my things in the closet than his stinky smoke! He actually knocked on my door and told me " its not gonna work". I told him "Sorry I have to shut my door in your face, but harassment against other tenants is prohibited in our lease, and I have nothing good to say to you!" SLAM. I wonder how this will end up?:D