Can a landlord ignore pleas from a concerned tenant?

“The landlord is responsible to ensure the “quiet enjoyment” of all tenants in the building.”

Q: After searching for months, I found a perfect apartment in a nonsmoking building since the smell of smoke makes me gag. There are signs around the property and it is in our lease.

My problem is that my downstairs neighbor smokes every day on his patio and the smoke rises, invading my space.

I made numerous complaints to the landlord but get no action. He says that tenant moved in before the nonsmoking policy was created. The smoke comes in my open window and also seems to seep up through the floor! What can I do?

A: The landlord is responsible to ensure the “quiet enjoyment” of all tenants in the building.

For instance, most people understand that playing loud music at night after a certain hour is grounds for neighbors to complain and usually there is a term in the lease describing each tenant’s responsibility to be a good neighbor.

Usually the landlord will give a warning if complaints come in, and follows it with termination should multiple warnings be needed. The same logic applies with any other nuisance, including smoke.

In order to give the landlord support, sending written complaints (keeping a copy each time for yourself ) is recommended. Note the specific dates and times you were affected so the landlord has facts to back up his discussion with the neighbor. Ask the landlord to share what steps are being taken to correct the situation.

If the landlord does not take needed steps to correct the situation, one option would be to bring a claim in court demanding a refund of some or all rent paid while the nuisance continued after being brought to the manager’s attention.

In some cities, there are local ordinances about secondhand smoke which cover multiunit apartment buildings. These will usually apply whether the building manager has a nonsmoking policy or not. It may be worthwhile to ask at city hall if there is such an ordinance governing your building or search the internet for information on your local ordinances.

If there is such an ordinance, your next step may be to make the landlord aware of the ordinance. If the landlord ignores your plea for help, you might report the nuisance to the police, who may issue citations and/or fines.

For more information, contact Project Sentinel at info@housing.org and follow us on Facebook at Facebook.com/psprojectsentinel.