Neighbors smoke coming in and I am pregnant

My neighbors smoke all day all night and I recently found out im pregnant, we cant open the windows or doors because the smoke is so strong, and even with everything closed the smoke often comes in. our lease doesnt end for 10 months but i fear for my aftey and the saftey of my baby. Doesnt this require the landlord to do something?

Did you rent in a no smoking building? If not, very little can be done. You have not been guaranteed a smoke free unit. The neighbors are not doing anything illegal and have a right to smoke in their units. You cannot stop them from smoking in their own rented areas, and you have no guarantee that your area will be smoke free. All you can do is to move at the end of your lease to a smoke free building.

check to see if your lease has a non-disturbance clause in it, or if your state has laws regarding non-disturbance of a lessee. if your lease has the clause in it, that means you could pressure your landlord to terminate the lease because you are being disturbed by the activity of other tenants in the building, rendering it uninhabitable.

just as the other tenants may have the right to smoke in their units, you have the right to a smoke-free home. if the smoke is coming into your unit and bothering you, notify your landlord of the issue and mention the non-disturbance issue. the smoke is an invasion of your home, just as sound pollution or an unannounced landlord would be.

if the landlord doesn't work with you, contact a local real estate lawyer and ask about your state's non-disturbance laws. most states have them as a basic right of a lessee, and if you can get the lawyer to pressure your landlord, you might get what you want.

good luck!

[sunlover]

Unless yours or your neighbors lease or any local law says otherwise your neighbor has the right to smoke. I understand your view but he has rights just as you do. Reread your lease and talk to your Landlord and an Attorney on any rights you might have. Now here is one problem. I agree having a child on the way makes it more of a concern but why was it not a concern before that?

Hi, I found this answer on another forum:
"Your neighbours smoke should not be able to find its way in to your apartment, its against all building codes,so you can easily cancell the lease as the building is sub-standard and would be in breach of your local fire regulations."

Artitgetit, just because you see something written on the internet, doesn't mean it is correct. That answer is not right. Smoking is a legal activity in the privacy of one's own home. If the other tenants are doing this, they have that right. The poster here has no right to infringe on their legal rights to make them stop. Since this poster is not in a no smoking building and no laws or lease clauses have been broken, the she cannot do anything about it. Her best answer is to negotiate a way out of her lease, or if in a m2m agreement, to give appropriate notice and move out. While their activities may irritate her, they have the right to continue those activities.

Smelling the neighbor's smoke is not an indication of a sub-standard building or a violation of building codes. It could be something as simple as not being sealed around pipes, wiring, or ductwork that enters her unit. Only a building inspector could make the determination of building code violations; only a fire marshal could make the determination of fire code violations. Even then, the LL or owner would have the right to correct those code violations before the poster could even think about terminating her lease. Only if cited by the inspector and if the owner failed to correct, could the poster think about terminating without consequences. You cannot easily cancel your lease because of this.

Good lord, just when I think I've heard everything. Is there nothing us humans can't think of to complain about in order to have our rights trump others?

I agree with the poster who asked, why was this not of concern before the pregnancy? If it bothers you that much, move. The "substandard" comment was not only inaccurate, it was absurd. Using that same logic, I guess I could sue the car manufacturers for my being able to smell cigarette smoke from the car in front of me while I'm sitting in traffic.

Wasn't this something that was mentioned in the lease, by the complainer, or by the landlord before the lease was signed and moving in commenced? I would think it would be right up there importance.

Get on with your life and choose your battles. You can't force people to stop smoking no matter how much you whine and complain.

It wasn't a concern before the pregnancy because there wasn't an innocent baby growing being affected by the second hand smoke beforehand. I can totally see inconsiderate smokers not seeing anything wrong with babies or pregnant women forced to breath second hand smoke.

Just try to get out of your lease. Good luck.

[sunlover]

This topic was started in Dec 2008 the situation is likely resolved by now!

Originally Posted by Unregistered check to see if your lease has a non-disturbance clause in it, or if your state has laws regarding non-disturbance of a lessee. if your lease has the clause in it, that means you could pressure your landlord to terminate the lease because you are being disturbed by the activity of other tenants in the building, rendering it uninhabitable.

I agree that this topic is long since resolved. But I have to laugh! LOL!!!! I'm sorry but this idea is ludicrous. The unit is not uninhabitable. Nothing stops the tenant from living in the unit. Cigarettes are perfectly legal to consume. Just because you don't like the smell of smoke is not a legal excuse to terminate your lease. A LL would laugh if you attempted this. This would be like trying to terminate because the neighbor cooked liver and onions. You may not like the smell, but its not illegal. Your preferences don't factor into habitability definitions, only in your choice of places to live. Lesson: If you don't want to smell smoke, chose a non-smoking complex.