Ask for a reasonable accommodation
People with breathing disabilities like asthma or other breathing problems have the right to enjoy their homes. If secondhand smoke is stopping you from using or enjoying your home ask for a reasonable accommodation. See a sample reasonable accommodation letter. Most landlords must make reasonable changes to the building rules to accommodate a tenant’s disabilities.
If you have problems breathing:
- If the smoke is coming from common areas of the building, ask your landlord to make a rule that smoking is not allowed in those areas.
- Ask to move to a vacant unit in the complex, away from the drifting smoke. The landlord must pay some of your moving costs.
- Ask to end your lease with no penalty so you can move to a smoke-free apartment.
File a court case
You have the right to the “quiet enjoyment” of your home. If drifting smoke is stopping you from enjoying your home, you may have a claim against your landlord. You must tell your landlord about the smoke and ask them to stop the smoke from reaching your apartment. See a sample letter. If the landlord does not stop the smoke from entering your apartment, you may have a good case against them. If you win, your landlord may have to pay you 3 months’ rent or repay your actual losses. If you win, the landlord must pay you the larger amount.
Filing a court case can be hard. Talk to a lawyer.
Get a no-smoking policy put in place
Ask your landlord to make your building a no-smoking building. Contact these programs for information and help: