What Else Can We Do?

Yep. Make up a flimsy reason for the landlord to come. He will smell it and then knock on the offenders' door to let them know that he has indeed caught them.

I agree with Marie C but would also add that you can tell the landlord that with such a strong smoke smell, if they aren't smoking then something is definately a fire hazard and you will have to call the fire department. If it's not cigarettes (which is against the lease and is a health concern for all but especially your hubby) then it's a fire that is a safety risk for the whole building. Sweetly ask "do you think we need the fire department?" and when he says "no" then say "so you will address this health and lease violation?"

Follow through accordingly.

I would start calling your landlord every. single. time. you know they are smoking. Every time, day and night. Heck, block your number if you have to so he can't screen your calls. Also, document every call you make, so that you have PROOF that you tried to resolve this issue. (Just in case...)

Just say, "The lease specifically states that this is a smoke-free building, and there is a strong smell of smoke coming into our apartment. We would like you to investigate the source, as this causes a serious health hazard for our family."

Eventually, he will get annoyed enough to do something about it! Even if he doesn't confront the offenders, maybe you will be moved into a different unit.

You need to move. Tell your landlord that you are breaking the lease because he can't take the time to come and see what people are doing in his building. They should NOT charge you any fees because they are failing in their responsibility.

Move. It's that simple. And yes. That hard.

I'm sorry that you have rude people living below you.

I'm also sorry that Justin has asthma. He needs to be seen by his doctor. Using a rescue inhaler 3x a day is serious stuff and unfortunately, his body might build up an immunity to it eventually not work for him.

good luck!

Review your lease. If the no smoking clause is in there, then the landlord does have the ability to enforce it, and is choosing not to. You may be able to break the lease and get your deposit back (and I know you say you can't afford to move, but if your hubby is using his inhaler 3 times a day, ask your self - which is more expensive, the cost of moving, or his future medical bills because of the damage being done?), or you may be able to take him to court. Consult a lawyer. If you are able to say to the landlord, "Fix this or we'll take you to court" it might get fixed without you actually needing to do so. A lease is legally binding for both the lessor and the lessee.

Another possibility would be to ask your landlord to allow you to move to a different unit in the same building which does not have smoking neighbors. Again, since the lease specifies no smoking and he is not enforcing it (Just open a window? Really?), you may be able to get him to agree to do this with no extra expenses.

Good luck.

I was going to say exactly what Marie C said too. Call the landlord every single time. The squeaky wheel gets the grease, right? Be firm, direct and honest. "I believe that my neighbors downstairs are currently smoking and are in violation of their lease. The smell is entering my apartment and causing us health problems. Please come investigate the source."

If it truly is affecting your husband's asthma, and the landlord continues to do nothing, you could consult a lawyer. You may have grounds to sue, at least for the cost of any additional medical expenses caused by the smoke. I am NOT the type of person to encourage suing for any small thing, but I do think there comes a time when it's necessary if nothing else works.

there is no need to make flimsy excuses. if it's in your lease that your building is smoke-free, you have legal rights and your LL is being negligent in refusing to enforce it.
you could file a complaint in landlord/tenant court, but i'd start with calling the LL every. single. day. until he responds. it's ridiculous for him to say there's nothing he can do. if he can't come by and handle it himself, he should have a property manager.
you shouldn't HAVE to move (although if your husband's health is being affected it may come to that.) read your lease carefully, and assert your rights!
khairete
S.

It may be less expensive to move than for your husband to be hospitalized.

But before you do that, look at the lease carefully. Does it explicitly state that there is to be no smoking? If it does, then you can ask that it be enforced.

Some time when the neighbors are home and smoking, call the landlord and ASK him to come to your apartment right away. Don't tell him why. When he does, ask if he can smell the smoke. If he chooses not to enforce the terms of the lease, perhaps you have some legal recourse.

I'm sorry that I don't have any solutions regarding your neighbors. But I do encourage your husband to talk to his doctor regarding his asthma right away. When someone is using a rescue inhaler regularly, it's time to step up the plan to another type of daily medication, with the use of the rescue inhaler only infrequently.

Lots of good information, and look into the landlord/tenant law in your state. I have a girlfriend who works in housing and you wouldn't believe what you can sue a person over. Not that you want to sue, but know what your options are before talking to the landlord. If nothing happens, then you've got a leg to stand on...

I'd read your lease. To me, this sounds like a situation that could potentially get you out of your lease. Bring that up to your landlord and make it clear that this is not a preference issue, but a health/safety issue.

Move!
Tell your landlord that you took the apartment because you were told it was a non smoking building.
It's not your problem that he can't enforce the rules.
Is it in your lease?

If they won't stop, and your landlord won't do anything, then you have to decide how badly you want to stay there. You may have to move somewhere that is not as nice or not in the best neighborhood due to finances, but you do what you have to.
It shouldn't be that way, but sometimes thep erson who hasn't done anything wrong just has to say "Screw it" and walk away for his/her own sake.

What you NEED to do is type up a letter and send it certified through the mail (go to post office with letter and have them mail it to the apartment manager) that way he can't argue that you never talked to him about it. Your letter, and receipt are PROOF that you did.

People here are telling you to call. That's great and all but it's not doing anything. It's not effective and if you decide to go to court, or break your lease over all this, then you are going to need something more substantial that just saying that you "called him" that's not going to hold up. It would be the "he said, she said game" and that's not going to get you anywhere.

If you keep sending letters to him, while keeping copies for yourself, it is the smartest way to go. Trust me, been there, done that.

You could even go onto the tenants rights webpage (google it for your state) and look up what it says about that part of your lease. Copy and paste it into your letter, as well as the part in your lease.

For every complaint or even just to fix something, ALWAYS, always, always send a typed up letter!!!
Put them all in a folder and put them somewhere safe.

Good luck!

Have him come to visit you guys or something

I can't understand how anyone can even make a person not smoke in their own apartment. When a person signs a lease they are taking "ownership" of that property until they move out. As long as they pay their rent on time they live there and can do what they want inside their home.

Are you saying this apartment complex is supposed to be non smoking people only? And that no one is allowed to smoke even inside their own home?

I suggest you tell the landlord that it comes down to this.

You moved there because you thought your husband would be able to breath and live better but due to the neighbors smoking his health is deteriorating. Tell the landlord this is a direct result of the smoke smell that is coming from your downstairs neighbor.

That the landlord is going to either have to make the downstairs neighbor move out or move your family to a different apartment free of charge.

Force his hand. I bet he doesn't do anything though.

He isn't willing to enforce a rule that is for something that is not against the law so it's not really enforceable. He can't make them stop smoking inside their own home. He told you, if you aren't seeing them smoke then there is NO proof they are doing it. They can say the apartment just has an odor and they aren't smoking. They can say and do anything they want to do inside their apartment. No one is seeing them smoke so it's not enforceable.

I bet he only put that clause in the lease so he could charge more rent. He had no interest at all in ever enforcing it. He doesn't care.

In any event, your apartment is still going to smell even if they stop smoking today. Tell your landlord you want to move to another apartment where there is no smoke smell.

I do understand the smell of cigarette smoke is hurting him.

When I did allergy testing my blister to the tobacco swab on my back, where they just rough up the skin and paint the allergen on that area was the size of a small salad plate. The doc had to give me epinephrine and Benadryl in his office.

SO I do know what it's like to have problems with cigarette smoke. I still believe that a person has a legal and moral right to do what they want inside their own home though.

Just tell the landlord there is an overwhelming smell in your bathroom/apartment and to find the source so you don't have to smell it

I mean, your landlord would do the same thing for a dead rat smell or the like, right?

You have to move. Or ask your land lord if you can transfer to an apartment away from these smokers. He really should be doing more for you than what he is doing but since he's not you need to look after your self