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If it first showed up when you turned on the heater, your heating ducts are probably shared with other apartments in the building, some or all of them occupied by smokers. I had that problem with an apartment I lived in in Albuquerque 7 years ago. I went to the office and let them know, and they eventually fixed it by installing some barrier in the ducts. I would read your lease, look for anything about smoking restrictions and see if they apply, then talk to the office. Otherwise look for something about peaceful enjoyment of the property as that should cover it as well.
We had this issue, and when we researched, we found out about a lot of court cases that tenants won where they wanted to break their lease using violation of peaceful enjoyment as their basis. So it is a definite possibility.
Of course, before you do something like that, you obviously need to talk to your landlord about the problem. You need to give them a chance to put things right. Hopefully they will. Our landlord made a pretty good effort to deal with the problem.
They probably did smell it - but we're talking two different types of smell.
Quote:
Originally Posted by SuSuSushi
You didn't smell this when you did a walk-through before moving in and signing the lease?
If a smoker rented the apartment prior to the new tenant, yes, the new tenant will smell the residue of smoke in the apartment (that is if they are even permitted to see the unit they will be renting prior to signing the lease). In Florida, you are lucky to see the actual unit prior to signing the lease - this rarely occurs these days and I would suspect that even a property that would be considered to be a little more upscale has higher than a 75% ration of "views prior to lease signing." And, let's face it - the fact of the matter is that so many people have less than perfect credit, all apartment management companies (and independent landlords) are taking so unfair advantage of tenants in every state, not just Florida, that there really is little that can be done.
However, if we are not talking about the "slight smell of smoke" one first notices upon opening the door and walking three feet into the unit, then that's a problem. I live in a unit that has a single front door entry (it's a four unit townhouse and all units back into one another). There is no way to open the windows and get cross ventilation - there is only one window in the living room next to the front door and all three bedrooms have one double window fronting the front screened in patio. So, there is no way to ventilate the unit to alleviate the foul smelling air. The smoke that many people are complaining of probably comes from the smokers in the units around them (just as it does from the three units surrounding me - and one of the units was recently vacated and we learned that the kitchen, living room (and other walls in the unit) were covered with black mold which the maintenance staff has tried to clean with bleach - so, just imagine how that has added to the problem of the smoke smell that has already been a problem for nearly a year and half). As the smoke permeates the walls, it gets into the duct work and then spreads to the other units. Depending on the class of people you share your apartment complex (and there is a disproportionately large amount of lower class individuals who live in my complex), that will also have a negative effect on the air quality in all the buildings and the overall quality of life one will have will living in one's home - especially if they damage the walls and the a/c duct work allowing smoke and other smells to leave their units and be shared with the rest of their fellow tenants.
The best advice is to notify the on-site management (if one lives in an apartment community) or the independent landlord. Make a notation of the day, time and the name of the person to whom the notification of the foul smelling air in your home was given. It's all about documentation (everywhere, not just in Florida). If the situation does not improve within two weeks and there is no action made by the management, make another complaint - except in writing. With this second complaint, reference the information regarding the first complaint. If, after another two weeks, no action has been taken or no response has been given as to what or what cannot be done, make another complaint (reference each previous complaint every time a new complaint is made). You must establish a time line and written verification that you have made attempts to inquire about the problem and why nothing has been done (if that is the case). The Florida Landlord Tenant Act requires notifying the landlord (or the representative thereof) and allowing them a reasonable amount of time to fix the problems or respond as to what they can or cannot do or if they are required to do anything at all. After six weeks (and that may seem too long to wait especially if the smell is making one sick) with no response, one might say that is as reasonable amount of time that anyone needs at least to respond to a tenant who has made several complaints/notification of issues. At that point, lack of action or lack of response, it is best to find out what legal options you have. One may not necessarily be able to break one's lease outright, but if the problem is bad enough and interferes with one's health, it most likely would violate the clause in the Landlord Tenant Act (or statutes) that is most likely similar to what exists in Florida and that is if the problems (of any type) interferes with the tenant's [FONT=Verdana][SIZE=2]right of private, peaceful possession of the dwelling[/SIZE][/FONT], the landlord is required to remedy the matter "in a reasonable amount of time." Failure of the landlord to comply, at least in Florida the tenant can notify the landlord that they will be withholding rental payments until problems are addressed and/or resolved. However, tenants are required to reserve the funds that would normally be spent on the rent and notify the court of their actions. They may even ask the court's permission to use part of the rent to remedy the problems and pay the landlord the balance after money spent to fix/make necessary repairs, etc. Failure to notify the landlord and the court and prove that the rental funds were set aside for future payment once said problems were addressed would most like result in eviction for non-payment. So, to be safe, it is best to make inquiries with official legal sources to ensure one is in compliance with applicable state laws.
Nearly every state has some type of Landlord Tenant Act (or statutes). As with most laws, they are probably stacked in the favor of the landlord. However, there are provisions in each that do protect tenants. It is advisable to research them and find out what protections there are for tenants. Also, contact a attorney and seek legal advice. If one cannot afford an attorney, there's always Legal Aid (or some version there of in most areas that will help those individuals who cannot afford legal representation). If the smoke or other foul smells that permeate the inside of a rental property are that bad, and it makes someone sick, it is necessary to have medical documentation of that. I am not an attorney - I am not dispensing legal advice - all I am saying is there are things that can be done (though limited) but there are particular steps that must occur.
As for your fellow tenants that are smokers, do not condemn them (for their bad habit and continued desire to smoke). It is not their fault that their smoke can be smelled in your home. It is the poor quality of the construction of the building and perhaps the failure of the management company to spend adequate capital to renovate the buildings to ensure as little cross-contamination of smells and other "issues" from one unit do not spread to others.
Additionally, for any non-smokers out there, the problem again is not your fellow tenant's fault who are smokers - the reason that things are so bad, now, is the most states have mandated Fires Safe Compliance laws in regard to the sale of cigarettes in their states. The reason the smoke is so foul smelling, far worse than it ever was (I know, I am a former smoker), is that, at least since 2010, tobacco companies must use specifically manufactured paper to wrap the tobacco so that the paper with not burn if the cigarette is left unattended.
The new cigarette paper is three thin sheets of paper stuck together with what is basically carpet glue. The chemical contents of the glue (that form the speed bumps, if you will, that cause the cigarette to burn itself out without continuous air flow along the tube containing the tobacco as the smoker inhales), are known carcinogens. So, that is a side problem - the attorneys general of many US states brought law suits against tobacco companies because they sprayed the tobacco leaves with addicting chemicals and enhanced liquid nicotine, which we later found out were cancer causing chemicals that caused the death and severe health problems of smokers (and ultimately helped win the law suit against the tobacco companies), and, while we said it was wrong for the tobacco companies to have done what they did, the state governments have now forced them to manufacture an even more dangerous product.
Yes, the cigarettes will burn themselves out if left unattended and, theoretically, reduces property damage from fires caused by smoking. But, we are now forcing tobacco companies to purchase specifically made paper to wrap the tobacco in and thus we are forcing the tobacco companies to further endanger the lives of smokers (and non-smokers). While the evidence was not 100% conclusive that second hand smoke was dangerous, it should, in time, be indisputable that it will now be. So, who will be sued this time? The tobacco companies for endangering the lives of more people in a new and ridiculous way? Or the states for having put the tobacco companies in the perilous situation of legally being required to endanger the lives of their customers and innocent bystanders who will now breathe in the foul smelling smoke?
If you're still reading, all this information was unnecessary. As I mentioned, the problem has gotten worse since the spring of 2010. I have not been able to smoke nor can I tolerate the smell of smoke because of the new Fire Safety Compliant paper that burns with the tobacco when cigarette smokers light up. I don't know how any smoker can stand the taste of the "new smoke" let alone the smell. All I know is that it aggravates my asthma, irritates my eyes and my sinuses and makes me cough, sometimes violently to the point that I must use my emergency bronchodilator. So, if the smell of smoke is this bad inside one's apartment, you must document and you must speak to your doctor about it as well. Do not ignore it. Even as I am writing this tonight, I can smell the smoke so badly, its as if my fellow tenants are in my apartment smoking (and all I would be able to see is a cloud of smoke given the intense smell). My sinuses actually hurt and I have a headache from the smell (this is the second night this week that it has happened). So again, document, document, document ... and then take all action legally open to you. And, don't let anyone tell you "it's your imagination" or that "there's nothing you can do."
IL has a smoke free thing for public places, so maybe it has an apartment law too?
Actually that's a step in the WRONG direction.
The Gov has NO RIGHT to tell someone what they can and can't do (that is with a legal product) in their own homes!
If people keep becoming compliant with these types of BA laws, then the Gov CAN AND WILL ban something you love next, and once you go down that slippery slope, it's almost impossible to go back.
If it is not a major reason to break a lease and it is not included in your lease then you cannot easily break your lease. You need to give the report to your landlord and let them do the necessary action, you can also report it to Health Department near your place so that you will have an immediate solution.
The Gov has NO RIGHT to tell someone what they can and can't do (that is with a legal product) in their own homes!
See, the issue is that the smoke isn't only in their own home. It goes into other people's homes as well and causes problems.
OP, although I don't have as bad of a problem, I feel for you. I'm newly asthmatic and my neighbors continue to smoke -- sometimes so much so that it seeps through the walls and sticks into crevices and closets. I *have* had an attack due to the neighbors that required an emergency inhaler.
The management, even though the apartment is now smoke-free, refuses to do anything.
See, the issue is that the smoke isn't only in their own home. It goes into other people's homes as well and causes problems.
OP, although I don't have as bad of a problem, I feel for you. I'm newly asthmatic and my neighbors continue to smoke -- sometimes so much so that it seeps through the walls and sticks into crevices and closets. I *have* had an attack due to the neighbors that required an emergency inhaler.
The management, even though the apartment is now smoke-free, refuses to do anything.
But you have grounds to break your lease so why not look into that and see how to proceed?
Last edited by STT Resident; 03-31-2012 at 06:49 AM..
Many apartments here have a high Asian/Indian population. One of the problems many face is the creeping of strong cooking smells. The heavy curry smell can be as offensive and difficult to eliminate just as cigarette smells.
Many apartments here have a high Asian/Indian population. One of the problems many face is the creeping of strong cooking smells. The heavy curry smell can be as offensive and difficult to eliminate just as cigarette smells.
There's an affordable spray product called "OdoBan" which removes just about every offensive odor you can think of - but cooking odors, unlike tobacco smoke, don't clog up your personal breathing apparatus and (particularly if you suffer from any sort of breathing disorder) have you gasping for air.
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They probably did smell it - but we're talking two different types of smell.
