RPA Tenant Rights Blog » Frustrated Renter, General Topics, Landlord Problems, Legal Questions » Smoking in Apartment…

Smoking in Apartment…

By AKB1981

Hi…looking for some advice.  We have a new neighbor who smokes on his balcony, which is connected to ours and separated by some panels (providing limited privacy but obviously no barrier against smells or sounds).  I have severe allergies and sinus problems.  I have asked the landlord to ask the tenant to only smoke inside his apartment and the response basically indicated that I am asking for something illegal (somehow his rights to enjoy his space trump my rights to enjoy mine).  The landlord says that the balcony is part of the apartment and he can do what he wants.  So really if he wanted to sunbathe nude or jump around swearing I have no recourse?  My feeling is that the balcony lacks the privacy and isolation of the true apartment space and should be considered shared space (and therefore that activities in that space threatening the peace and safety of others can be restricted under law).  Do I have any options here?  Any advice would be so welcome.  Thanks!

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Edited on: Friday, March 11th, 2011 3:22 pm
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3 Responses to “Smoking in Apartment…”

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

Landlord

September 10th, 2009 10:12 pm

Hello “Smoked Out”
Actually, contrary to what your landlord says, it is not illegal to discriminate against smokers. Tenants that smoke have very few rights, and in our State of Maryland the Rights Dealing with Smokers has gotten more strict. Under the Federal and Maryland law landlords can place smoking restrictions in apartments. There is no law that protects smokers– simply put there is no “Right to Smoke.” Governments local and national know that the smoke, including 2nd hand smoke is harmful to our health, thus more strict laws protecting you and me from this hazzard. To check out State specific details you can refer directly to the following website: mdsmokefreeapartments.org
Hope that helps!

Landlord

September 10th, 2009 10:15 pm

I forgot to mention… The landlord ultimately has the choice to create a smoke free complex, so it is something that can be done and enforced. If you’re having a problem you can always file a landlord complaint through the RPA website. They will see that your rights are being met.

Rita Turner

May 13th, 2010 11:48 am

Hi – I work at the University of Maryland’s Center for Tobacco Regulation and have been working to educate more people about their rights pertaining to second-hand smoke.  Please feel free to contact my office for assistance (410) 706-1129.

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