What to do...my Apartment Smells like Ciggys All the Time and I Don't Smoke..

Updated on October 27, 2011
K.K. asks from Fredericksburg, VA
20 answers

Hi Moms!

I'm having problems with my asthma due to people smoking in the apartment next to mine. I put down some sheets at the ends of the walls on the floor where the carpet is, those smell like smoke horribly as well. The entire place smells awful. I don't have anything against people who do smoke, that's their choice...but I've been getting constant ear infections and having to take my nebulizer a lot due to the smoke. Its not coming from outside the smoke either. I've been running this jar of poppori I have that has lights in it and its suppose to make things smell good, but its not covering any of the smoke up. I also tried spraying stuff....still stinks! Every time I enter my bedroom especially; it smells gosh awful like almost at the point of where I want to puke. I don't know if I can sleep in my bedroom tonight because it stinks that bad! I am use to smokers since my father smokes at his house, but this is just over the top. What can I do? I'm sure I could have a talk with the leasing office about this. I can't really afford to be going to the ER if I have another asthma attack.

And I can't move out until my lease is done, otherwise the penalty fee is over $3,000 plus 6 months rent.

Any advice? I'm really not trying to be a complainer here, but I'm sick of living on cough drops, nebulizers and ear meds.

Thanks!

update as of 10/17: I called the leasing office and they said "Oh well" and asked what the big deal was and I needed to stop complaining. She said there was nothing she would or could do. She said she can't tell the people to stop smoking. I told her I could show her my medicine bills and hospital bills, she suggested I go to Bed Bath and Beyond and get some ionizer roughly about $30+ more. I don't think I should be the one running around trying to get items just because she's stuck up and can't tell the people to smoke outside. My room stinks yet again tonight.....my dog even smells like smoke since he sleeps on the floor and not always on his bed. I'm thinking about calling corporate for the apartment complex. I've done this once before and that same lady from the leasing office called me up yelling at me and told me if I didn't like it so much here, I needed to move the h*ll out. YES! I was in tears. Anyhow...any ideas Moms?!

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P.M.

answers from Portland on

Yikes, horrible problem. I can relate, as my asthma is kicked up a notch by cigarette smoke, too. I'd avoid sprays and air fresheners, though, as most are toxic and can actually aggravate health problems.

If you enter "cigarette smoke, apartment" in the mamapedia search box above, you'll find previous responses to similar questions. Some of the ideas sound pretty helpful. Here's one link:
http://www.mamapedia.com/questions/7467915271324434433

More Answers

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C.R.

answers from Kansas City on

I would call the office and see if they may a different apartment you could move to. That should not be considered breaking your lease so I would not think there should be penalty fees.

5 moms found this helpful
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M.H.

answers from Atlanta on

I've been in the same exact place as you and it's awful...

The cigarettes are bad but you are actually making it worse trying to cover it up. The synthetic chemicals in air fresheners cause respiratory distress and neurological damage. There are some natural solvents that can absorb the odor but if they continue to smoke you'll just be in a constant battle. My best advice is to build your immune system up. If you'd like to go that route, let me know and I'll walk you through some options you have.

Sooooo sorry!

3 moms found this helpful
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A.S.

answers from Kansas City on

That is awful! I'd definately say something to the leasing office and see if anything can be done to curb down the smoking neighbors/odor. I'm not a big fan of the spray air freshners as I've found they don't seem to help much for serious odors and could possibly make your asthma symptoms worse. Have you considered purchasing an air purifier? They're great for asthmatics (I couldn't live without mine :-) and most do a great job at sucking up cigarette smoke as I also live with a smoker. I've been happy with my Rabbit Air and Honeywell. It's important to have one in your bedroom. Good luck!

3 moms found this helpful
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C.B.

answers from Boston on

I would talk to the management and state all you stated above about your asthma and ask if they can either let you our of your lease, move you to a different unit or talk to the renters who are smoking. It can come through the air ducts and permeate internal walls that are not much more than open spaces with some porous boards over them.
If they are unwilling to let you out of your lease I would get some small claims paperwork, fill it out and write a super courteous letter perhaps with a letter from your physician attached, that you request to be able to move for health reasons.

3 moms found this helpful
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M.A.

answers from Los Angeles on

What about subleasing your apartment to someone else. Maybe you can avoid all those ridiculous fees if someone else lives there until your lease is up. I like the idea of going to the newspapers and making a big deal about this. Why don't you take this to a higher level and consult with a lawyer about your rights? You may be able to talk to one for free. I wish you the best!

2 moms found this helpful
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J.B.

answers from Atlanta on

I don't know if this will help the asthma, but bowls or jars of white vinegar placed about can really help eat up the smell. The perfuming agents you're using may also be irritating your asthma.

2 moms found this helpful
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K.B.

answers from San Francisco on

Can you talk to your neighbors about it? Clearly you would approach them respectfully, as you are here, but maybe add in some specifics, "I certainly don't expect you to stop smoking in your home altogether, but ANY smokes you could take outside would be a tremendous help to my health. Or maybe you could use a fan to blow some of the smoke out a window, in fact I have an extra one you could use right here..."

2 moms found this helpful
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S.Q.

answers from Los Angeles on

Oh yuck yuck yuck! Get an air purifier or two, Quick!!!

The air purifiers are supposed to be good for second hand smoke and allergens. Just google them.

Good luck!

1 mom found this helpful
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S.W.

answers from Denver on

Contact your landlord and file a complaint. if it is effecting your health then your landlord can move you to another apartment or your neighbors. You can also go to home depot and get a smoke bomb that you set off in your house that should get rid of that smell.

1 mom found this helpful
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C.A.

answers from Los Angeles on

You need to contact your landlord. There are laws that protect you from interference from your neighbors. There should be a clause in your Lease regarding "quiet enjoyment" of your apartment home. It is the landlord's responsibility to seal the areas between your apartment and the next or require that the smoker NOT smoke in their home to avoid contaminating YOUR home. If you are unsure or need help, contact your local renter's rights organization. Good luck!

1 mom found this helpful
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B.C.

answers from Tampa on

It's discusting, so trashy to smoke inside the house. Are there any kids in the apartment building? If you can choke on the smell in your apartment, can you imagine what their place smells like? report it to the child services. I hope you will find a way to get out. If possible open your windows to air the place. I don't believe talking to your neighbors will solve anything. Please tell your leasing office about this asap and let them know You will hold the leasing office responsible for all your medical bills and your lawyer's fees. You should be able to break your lease contract under these circumstances.

1 mom found this helpful
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K.S.

answers from Reno on

Non-smokers with serious breathing disabilities or smoke allergies have legal protection under the Americans with Disabilities Act and the Fair Housing Act. I would recommend that you contact the organization in your community that is responsible for ensuring that these laws are followed. If you live in Northern Nevada it would be the Silver State Fair Housing Council. They can guide you with the appropriate paperwork that your doctor needs to complete and explain the complaint process. Landlords should make “reasonable accommodations” and that can often mean moving tenants to a ground floor apartment, next to a non-smoker, or letting someone out of their lease without penalties.
A great website is www.mysmokefreeapartment.org and while it contains specific information about Michigan law it also does a nice job explaining issues around tobacco use in apartments for both tenants and landlords.

1 mom found this helpful
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T.A.

answers from Los Angeles on

Your health is being affected and you "can't move out" without a penalty? I think not. Investigate your rights. You can't make someone stop smoking in their home, but you should be able to move out of your place without being penalized.

1 mom found this helpful
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T.D.

answers from Los Angeles on

Start with your landlord. Let him/her know how the neighbor's smoke is affecting your health. They are obligated to keep the apartment "habitable" for tenants. Is there another apartment in the complex you can move to? Can your neighbors smoke outside or use a smokeless ashtray? Most people are reasonable and will accommodate, especially if it's a health issue.

If none of this works, get a note from your doctor saying that you must move. This should get you out of the apartment lease penalties.

Good luck!!

1 mom found this helpful
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C.A.

answers from Los Angeles on

The 1st thing I thought was, wow! they are allowed to smoke in their rented apartment? But, then I see you live in VA, and I have no idea what your smoking laws are. I have no idea if you have a case. How long until your lease is up? Next time, I would look for a nonsmoking apartment building. Do those exist? you'll have the same problem next time.

1 mom found this helpful
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B.B.

answers from San Luis Obispo on

Sorry for the late entry, but what I would do is call your local housing authority, the Better Business Bureau, and the local health department. Also, in the meantime while you wait for these people to come and inspect the premises, document everything. All the times you have spoken to the landlords, trips to MD and hospital, cost of medications, cost of keeping your poor dog healthy (if you're able, take him to vet to make sure the 2nd hand smoke isn't harming him, and have that report ready for all 3 entities), the cost of all your efforts to clean and sanitize your home and air, etc. Also, look over the lease....does it say you can smoke in the apartments? If so, then they are legally required to have a separate ventilation system for the non-smokers of the building. Just like in a resturant, you are not legally allowed to willfully expose another person to 2nd hand smoke. Chances are that they are not legally allowed to do this, and up until you, no one complained. But what really worries me is that if you are this sensitive to the cigarette smoke, what about your children? Also go to their pediatrician and get a written statement from them on the harmful effects that it is/could be having on them. Also, study up on the laws of your state/county...most people don't know this, but if one tenant is making it unbearable for another, possibly several other tenants, you have a couple options. One, you can make up a petition and have the other residents sign it to have the offending tenant change what is offensive or move. Second, by documenting and taking the legal steps, you can be released from the lease because the landlords have failed to comply to reasonable living quarters (and living with the stench of cigarettes and the harmful effects of 2nd and 3rd hand smoke are not under the scope of healthy living quarters) and in some states/counties they actually will award you a sum of money to help you move from the penalties that are going to be applied to not only the landlord, but also the owner of the building and the property management if there is one. Usually it doesn't get that far:once they see you mean business they either force the offending tenant to stop or leave, have the palc professionally cleaned, or offer to place you somewhere else, like in the other end of the building or even another property, all at their expense. The law IS ON YOUR SIDE WITH THIS BECAUSE IT IS A HEALTH MATTER!!! Don't let that mean lady bully you, and get started right away on the suggestions I gave you, because the faster you act, the quicker you can get back to a healthier lifestyle. Best of luck, and please keep me posted with all your efforts. I will do all I can to help you. FYI, if you're able, print this message I sent you and make copies to give to the landlord, property management, and property owner. Once they see you mean business, it may actually take very little effort on your part to get the desired results :)

1 mom found this helpful
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M.

answers from Las Vegas on

I definitely like the suggestion to move to another apartment or even another location. If you stay at the same brand of property, there shouldn't be any additional fees. I would talk to corporate and find out. Then, if they are still nasty to you, I would contact your local news station or news paper. They have the power to expose the apartment complex and give them bad press, which usually would result in accomodating your needs. If your news station or news paper won't help, see if you can get an attorney involved. Many of them will do a free consultation and if you have a case they feel they can win, they might do it upon contingency. If you sue the apartment complex for medical bills and suffering, the attorney would take payment out of your winnings rather than give you a big bill that you can't afford. Some won't charge you at all if they don't win, so definitely see if there is one in your area.

If none of this works, you are going to need to do something to take the odor out of your house. You might need to buy an air purifier. Your lungs are too important not to invest in. If you don't want to do that, there is a product called Fresh Wave. It's non-toxic and it is amazing. It comes in a gel, carpet shake (powder), candle, liquid and spray. I agree with the other moms that say don't buy the fragrances, they are horrible for you. I am asthmatic too and I am madly in love with Fresh Wave, it's all natural. I would probably use the gel and place it in all the areas you can smell the smoke. I got free samples of it and was skeptical and after trying it, I am so impressed on how well it works. (I don't work for them :)

You can buy it from Williams Sonoma Outlet stores, Bed Bath and Beyond and their website http://www.fresh-wave.com/

Good luck to you!!!

1 mom found this helpful

S.H.

answers from San Diego on

You're received a lot of great ideas, so I will try not to repeat (although I haven't read them all). The main thing I want to say is to start doing everything in writing. In the first letter outline everything you have already done and if possible include dates of each time you've complained to the landlord and what their response. Next, start researching your real estate laws in your state/city. Next, read your lease to make sure they're not breaking any laws. In your next letter to the corporate leasing agent, explain that you'd be happy to move if they guarantee in writing that they will return your security deposit and waive the penalties for breaking your lease early, otherwise, you're going to have to take matters a step further in order to obtain relief. First do your research though, if there are code violations at all, you can at least know that you have a leg to stand on. Also, check with your city to see if there is any kind of enforcement department for rental properties. research research research. in the meantime, yes, you may have to buy an ionizer for your own health - that matters the most. also, all the sprays and potpourri may actually be making your asthma worse as well. you need stuff out of the air, not more in it. the apartment should, at the very least, offer to have your carpets cleaned.

1 mom found this helpful
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M.H.

answers from Las Vegas on

One time a skunk sprayed under the house I was renting and I read to put small amounts of tomatoe sauce around the house to absoarb the smell, sounds weird but it worked! I got a bunch of little canned tomatoe sauces and put them all over the house, I left for a full day and when I came back the smell was gone! Not sure if it would work for you but it's worth s try.

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