A tenant is dealing with a chain smoker next door in a non-smoking rental duplex so how to deal with that is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice. If you have a question for him please fill out the form below.
Dear Landlord Hank,
I live in a rental duplex that was represented to me as non-smoking. My lease says no smoking and even has a penalty for smoking of having to bear the cost of repainting.
All was well until the landlord herself moved in next door and is one of the worst chain smokers I have ever seen. I tried to speak to her in a kind way to please stop; she has refused and told me her duplex side has nothing to do with mine.
This is an old duplex built in 1924 with plaster walls. I have smoke coming from everywhere. I have three autoimmune diseases that she is very aware of. I am trying to move but it is a real hardship for me. The only plus I have is I can give 30 days’ notice and get out. Please help!
-Val
Hi Val,
Sorry to hear about your situation dealing with secondhand smoke coming through from your neighbor/owner.
This owner is the boss in this situation and I don’t see any solution for you except to move.
If she is a chain smoker, she is not going to change. I’m glad she is allowing you to break the lease. Best of luck.
Sincerely,
Hank Rossi
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. https://rentalhousingjournal.com/asklandlordhank/
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