There is a complaint about secondhand smoke in apartments.
Secondhand smoke can cause serious health issues.If you have a health condition such as asthma, these problems can be worse.All leases have a covenant that allows for peaceful use of your space.Start complaining about secondhand smoke in your apartment by talking with your neighbors.If that doesn't work, you can get your landlord involved.If your landlord isn't willing to resolve the situation, you may want to involve other agencies or file a lawsuit.
Step 1: You should have friendly conversations with your neighbors.
Talking to your neighbors can help you figure out where the smoke is coming from, but you may also find out that you're not the only person having trouble with secondhand smoke in your apartment.Ask the person if they smoke.If they say they don't, you might ask, "Have you noticed any secondhand smoke coming into your apartment lately?"I've had a problem with that.Ask if they smoke in their apartment.If they do, you might say, "I believe your secondhand smoke is drifting into my apartment through the vents."Can we discuss ways to stop that from happening?Tenants in apartments that share a wall is where you should focus your efforts.Tenants with common air conditioning and heating ducts are most likely to be the source of the secondhand smoke coming into your apartment.Talk to your neighbor's neighbors in the same way.If one of your neighbors is smoking in their apartment, their other neighbors may have noticed the smoke coming into their apartments as well.Be afraid to say anything if you have similar complaints.You can bring more power to your message if you band together.
Step 2: Discuss your problems with the smoke.
If you want to know more about the health risks associated with secondhand smoke, you should talk to your neighbors.You can search online for information.Materials can be found on the websites of health organizations such as the American Heart Association.If any of the neighboring tenants have children, they should be aware of and concerned about secondhand smoke coming in to their apartments.You might bring up health issues of your own.People might be more sympathetic to a person with health issues than they are to someone who is anti-smoker.Don't insult or be accusatory.Most smokers want to quit but feel powerless to do so.You might say, "I don't mean to step on your toes, but my daughter has asthma and the secondhand smoke is causing her serious problems."Is there a way to stop smoking inside your apartment?If you're talking to someone who suddenly gets defensive or antagonistic, don't take the bait and get into an argument, it will only leave you and your neighbor locked in a tense situation.You could say, "I understand your concerns."I'm only trying to keep my family healthy.If you would meet me halfway on this, I would really appreciate it.
Step 3: Offer solutions that are reasonable.
If you want to make a difference, you need to help the smokers come up with an option that respects their rights while ridding your apartment of secondhand smoke.If each apartment has a private balcony or patio, you might suggest that your neighbors smoke there instead of inside their apartment.If you live in a high-rise building, there are designated smoking areas on the floor or outside.If you want to limit the amount of secondhand smoke entering your apartment, you can request that smokers use an open window.
Step 4: Write a letter to the smokers.
If you write a letter to your neighbors, they may take your complaints more seriously.Even if they don't, the written letter shows that you tried to work out a solution with your landlord.If you're shy or don't feel comfortable addressing your concerns to your neighbor, a written letter can work.Keep the tone of your letter friendly and neighborly, and stress that you would like to work out a solution that doesn't involve anyone else or cause any problems.Don't threaten your neighbor.Provide reasonable solutions to the problem.Give your neighbors a deadline to respond to your letter, and let them know what you'll do next if they don't agree with you to work on the problem.Let them know if you intend to go to your landlord.If you actually follow through with it, this isn't a threat.You should make a copy of your letter before giving it to your neighbor.There's no need to mail your letter, just place it on the front door and watch as your neighbors read it.
Step 5: You should review your lease.
You can cite provisions in your lease in a letter to your landlord.The provisions will make your arguments more persuasive.Smoking is not allowed in apartments if your lease or other community rules are incorporated into it.If this is the case, you can complain about your neighbors' smoking because they are violating their lease.You can rely on the covenant of quiet enjoyment even if your lease doesn't say anything.Tenants agree not to do anything that disturbs or causes a nuisance to their neighbors and disrupt other tenants' rights through this covenant.Secondhand smoke is a nuisance that can cause significant health problems and impact your ability to breathe, not to mention that it damages the apartment and makes all your things smell like an ashtray.
Step 6: A formal business letter should be written.
Begin your effort to involve your landlord with a formal, written letter that explains your problems with the secondhand smoke in your apartment and demands something be done about it.A business letter template can be found in the word processing app on your computer.You should keep your letter short and to the point.Let your landlord know that you're trying to resolve the situation amicably.If you want your landlord's help in eliminating this nuisance, state clearly that you understand your rights as a tenant.Let them know that you are willing to discuss all options.Give your landlord a deadline to respond to your letter.It will take a week to 10 days from receipt of the letter.If you don't get the result you want, let them know.You don't want to make threats that you're not going to follow through with."If this matter is not resolved within 10 days of receipt of this letter, I will be forced to take further action."
Step 7: You can get a note from your doctor.
If you have a health condition that is affected or exacerbated by the secondhand smoke, talk to your doctor and see if he or she will write a letter explaining the health risk the smoke presents to you.Federal laws require landlords to give people with disabilities reasonable accommodations if they have special sensitivities to secondhand smoke.The Fair Housing Act prohibits landlords from discriminating against people with physical or mental impairments.Any health condition that affects your breathing, including severe allergies to secondhand smoke, is a disability under federal law.Smoking restrictions in your building, moving to another building with smoking restrictions, or providing separate ventilation for your apartment are some of the reasonable accommodations.
Step 8: Send your letter to your landlord.
When you've finished writing your letter, you should print it and sign it.Before sending your letter to your landlord, make at least one copy of it for yourself.You can mail your letter using certified mail.You should have proof of the date when your landlord receives your letter.When you can just take your letter to the rental office yourself, you should keep in mind that you need to establish objective proof of your efforts should your landlord refuse to work with you.If you just take the letter to your landlord and they don't know what you're talking about, it would be your word against theirs.When you get the green card showing that your landlord signed for and received your letter, keep it with your copy of the letter and mark the date for your deadline on your calendar.
Step 9: You can talk to your landlord in person.
If your landlord contacts you about your letter, you may want to sit down with them and talk about the problems you have with secondhand smoke.To understand things from your landlord's point of view, you should try to assert your rights to a smoke-free home.Your landlord is trying to walk a thin line because they don't want to lose tenants.The damage smoke does to apartments affects their value.Tenants who have smoked in the apartment will mean more work for your landlord.Even if the landlord is able to charge the tenants for the damages, it still means they have a longer time to find a new home.Ask your landlord if they would consider banning smoking in your building.It may be nearly a year before the problem is fully resolved if your landlord agrees to do this.You have to wait until the smokers' lease is up before you notice a difference in the quality of the air in your unit.
Step 10: Can you move to another unit?
If you live in a large building and there are open units, your landlord may be willing to allow you to move to another unit that isn't near smoking tenants.If you move to a different unit, you can transfer your lease for free.If your landlord has another smoke-free unit that you can use, offer to clean your current unit after you move out and leave it in the same condition it was when you first moved there.If you're just moving to a neighboring building, it's not as disruptive as a move to the other side of town.
Step 11: Call your local tenants' rights agency.
If you live in a larger city, you may be able to get help with the problem of secondhand smoke in your apartment from a tenants' rights agency.Federal and state law gives you the right to assert your housing rights.Any help they give is free.Attorneys on staff at tenants' rights agencies can give you advice on the next steps you should take.If secondhand smoke is a problem for many other tenants, someone at the tenants' rights agency may be able to help you hold a tenants meeting or organize a tenant union in your building or complex to give you more power to assert your rights to smoke-free housing against a reluctant landlord.
Step 12: You can file a complaint with the housing board.
If you have a health condition that is worsened by the smoke, you may be able to file a complaint with your community's housing safety board.Smoke-free laws have been passed in some cities and counties.You can get help from the city or county if your landlord allows tenants to smoke in their apartments.If you have a health condition or sensitivity to second-hand smoke, the local housing board can take action against your landlord if they don't provide reasonable accommodations.Bring along copies of your letters to your neighbors and your landlord, as well as any other documentation you have that supports your claims, when you file your complaint.
Step 13: It's important to raise awareness about the dangers of secondhand smoke.
If you want to educate your neighbors about the health risks associated with secondhand smoke, you can post fliers and posters in common areas.The American Heart Association and the American Lung Association have websites.There are anti-smoking organizations with materials.You should be careful not to create a nuisance by distributing these materials.Tenants are free to post in common areas, but don't litter.For example, leaving fliers on people's cars or in their doors may be seen as a nuisance or as harassment, particularly if you're continually leafleting neighboring smokers that you have already engaged about the issue.
Step 14: You should consult an attorney.
If you have a problem with secondhand smoke in your apartment, you may want to file a lawsuit against your neighbor or landlord.A free initial consultation is offered by most attorneys.There are attorneys who specialize in landlord-tenant law.If your landlord fails to abate a nuisance, you may be able to file a lawsuit.If you're a renter, you want to focus on suing your landlord rather than your neighbor.Even if you win your lawsuit against your neighbor, you may not be able to enforce the judgement against them.These lawsuits can be filed in small claims court, which is designed for people to use on their own, without the assistance of an attorney.You can take advantage of free consultations to get more information.The website of your state or local bar association can be used to find attorneys who are licensed to practice law in your area.
Step 15: Move to a smoke-free building.
If you're nearing the end of your lease, you may want to consider moving to an apartment community that has a 100 percent smoke-free policy.If you want to assert your rights, moving away may be the easiest solution.If you state that you're ready to move to a smoke-free complex, your landlord may be more interested in helping you to avoid being evicted if you have been a good tenant.If you've got several months left, you can ask your landlord if it's possible to break your lease.If you want to cut your lease and go, it may be cheaper than making any accommodations that are necessary for you to stay.If you find yourself having to move because of the secondhand smoke issue, bring it up to your landlord and ask for a break on any damages you would be charged, or a full refund of your security deposit.You need to get an agreement in writing.If your landlord agrees to give you a full refund of your damage deposit, that doesn't mean you should leave your apartment in disarray.Make an effort to repair any minor damages you might have caused that go beyond normal wear and tear by cleaning up after you've moved all of your stuff out.