\u00a9 2023 wikiHow, Inc. All rights reserved. In the case Ewen v Maccherone, appeals court judges ruled in favor of a condo owner . As you admire the view from your apartment, you hear a familiar clicking sound from below. How Does Secondhand Smoke Enter An Apartment? B1. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. To start, do a Google search for Can you smoke in an apartment building in [your state]? You can specify cigarette or cannabis as well. It's legal in my state, but my lease agreement clearly states that there is NO smoking in or around any unit. Additionally, if you and other concerned neighbors have identified which apartments/condos are responsible for the smoke issues, you can ask management to send notes to those tenants informing. The more youre disturbed, the more effective your case will be, says Pellegrini. But other neighbor smells aren't as easy for us to love. Please click here to see any active alerts. The weed smoke may affect those who are not partaking, which means you can get high on your neighbor's pot fumes. They have the obligation to make sure that you have a safe and healthy place to live, and they alone have the power to enforce the rules and terms of the lease. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. Apartment BBQ Laws. We have helped over 300,000 people with their problems. Clean all flat surfaces at least twice a week, vacuum often, use deep-cleaning rug shampoos, and occasionally wash your walls with a mild detergent. DoNotPay will provide helpful advice and offer a bullet-proof solution to your problem! 50 of them for around $7 is a cheap and easy way to take care of your entire apartment. Its best to talk to your landlord to find out if they can seal some of the gaps. The attorney listings on this site are paid attorney advertising. For quite some time, smoking cigarettes inside or around public places has been outlawed due to the dangers of secondhand smoke, says lawyer Robert Pellegrini, president of PK Boston, a firm that specializes in both real estate and cannabis law. The available methods for handling your Mary-Jane-loving neighbors include: Being straightforward with your neighbors about the problem usually has a surprisingly positive effect. Thats why you should subscribe to DoNotPay and let us draw up a demand letter for you. I am going to walk you through the situation in which your neighbor is smoking in your apartment, either cigarettes or weed, and it is causing you to be miserable in your apartment at least part of the time. PDF When Secondhand Smoke Enters Your Home: Frequently Asked Questions The reason that people insist the smell is seeping through the walls is because the walls, or tiny holes in the wall, is actually where the smoke is coming into their apartment. Is outdoor exposure to secondhand smoke comparable to indoors? What Can I Do if My Neighbors Smoke Is Coming Into My Apartment? This includes ventilation, doors, windows, electrical outlets and lighting fixtures. Join over 700,000 people who receive the latest news about lung health, including COVID-19, research, air quality, inspiring stories and resources. In such cases, consider installing weather stripping to block the smoke from coming into your unit. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. % of people told us that this article helped them. You have additional options if the landlord/property manager can't or won't fix the problem. Check out annoying neighbor problems we can help you with in the table below: DoNotPay is a multifunctional app that can solve numerous everyday challenges swiftly. All tip submissions are carefully reviewed before being published. That's how I found myself spending the first few weeks of spring tackling what became my most challenging. All tenants enjoy the right to "quiet enjoyment," a quaint-sounding legal principle that gives tenants the right to occupy their apartments in peace and also imposes upon them the responsibility of not disturbing their neighbors. If and when the landlord/property manager gets back in contact with you, they may try to fix the problem by plugging underneath your door or sealing cracks in your walls. Can EPA ban smoking or otherwise limit exposure to secondhand smoke? The most suitable methods of dealing with a neighbor's smoke coming into your apartment include: Talking to your neighbors Involving the landlord or building manager Sending a demand letter Reporting your neighbors to the authorities if possible Talk to Your Neighbors The first thing to do is approach your neighbor and let them know how you feel. Currently, 11 states have laws allowing for recreational use of marijuana, and 22 states have decriminalized use but it is still technically illegal. You might say, Since the smoke is throughout the building, Im sure youre worried about cleanup costs and property damage. That is especially problematic if you have a child. Depending on the laws in your area, that may be the case, says Pellegrini. It warns them of the potential legal consequences if they dont change their behavior. Regardless of the issue, we will draw up a demand letter that will show your neighbors youre not joking! Some buildings have policies against smoking, and others have policies prohibiting smoking in communal areas. You can try resolving the issue in a friendly manner or resort to sterner measures. Its Not Oh So Quiet? So far, 51 jurisdictions in California have adopted a "strong" ordinance that prohibits smoking in multi-unit housing, with 14 new policies passed since the last update in September 2015, the . wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws.