We have been getting a lot of questions about second-hand smoke during the pandemic so if a tenant has a problem with second-hand smoke coming into their apartment, what should you do is the question for Ask Landlord Hank . Remember Hank is not an attorney and is not offering legal advice.
Dear Landlord Hank:
How do I get property management to do something about the second-hand smoke coming into my apartment?
Exposure to second-hand smoke in multifamily buildings is a common and unhealthy issue that could lead to serious health issues, especially for children.
The smoke can come through vents, or cracks in floors, or walls.
The first place to check is your lease. Does the lease allow smoking in the units or is this supposed to be a smoke-free environment?
In most leases that prohibit smoking, this would be a serious violation and could be grounds for eviction.
You can also check to see if there are any laws in your community that address second-hand smoke in multifamily housing.
If you have a decent relationship with the offending neighbors you can talk to them NICELY about the smoking, and maybe they’d be willing to smoke outside.
You should definitely talk to your property-management company about the second-hand smoke issue in the apartment and the negative impact it is having on your family.
If there is an impact on your health, you may be able to have your doctor note that second-hand smoke is harming your health and you can show this to the property management company.
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