Cigarette Smoke in the Apartment

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.