Cigarette smoke in apt complex

LVBagLady

O.G.
Jan 19, 2006
2,615
118
I lived in a complex for 5 years and sometimes I would smell cigarette smoke in my apartment. The smoker lives under the lady who lived next door to me. I moved out a month ago but my neighbor and I keep in touch. She told me the cigarette smoke smell is bad in her apartment. She complained to the management company but they said they can't do anything about it. Can't something be done? Any advice would be appreciated. This is a 55 and older complex.
 
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Oct 20, 2008
4,171
1,311
manhattan
the management should do something about it as they're responsible to have a habitable building. they can seal vents and cracks that are allowing smoke odors into her apartment. they should do this in both his and her apartments.

anyway, re the smoke smell: she can try those air filters (available from amazon) that specifically target cigarette smells. she should also encourage (ask nicely - many smokers are super defensive nowadays) her neighbor to install the same thing in his apartment. they can also work out an arrangement where he smoke out the window (or better yet outside the apartment).
 

LVBagLady

O.G.
Jan 19, 2006
2,615
118
The management said they can't do anything. My friend is going to move. She has lived there 15 years.
 

jlm916

O.G.
Jun 1, 2009
149
20
Bay Area
The only thing that could rectify the situation is a no smoking clause in the lease. We lived in a property that was non-smoking and had such a clause in the lease - which meant no smoking in your apartment or on the grounds.

And if there was a smoking complaint on the property ALL of the people that worked there would fan out immediately and find the smoker. If it was a resident, they were gonna have problems with their living situation.
 

sheishollywood

LiveLaughLove
O.G.
Nov 29, 2006
4,377
22
Where the water is
Unfortunately, there may be some bylaws that say you cannot smoke in 'public' or 'common' property but it is completely legal for someone to smoke within their unit (whether it's owned by them or not, unless specified by the owner/landlord).

We had this issue in a condo I had owned a long time ago. I was a part of the strata and we had a 3rd party property management company as well. Where I live, there is a bylaw that restricts smoking in common areas. However, the owner of one particular unit (chain smoker) decided to stop smoking out on the patio and begin smoking in their unit. Although the smell would seep through the door and into the halls and to surrounding units, it was actually legal for them to do what they want in their own property. There was very little we or our property management company could do... for them to stop it would be a courteous thing not a legal thing. Which some people just don't care.