Landlord's smoke entering tenants apartment
I live in the garden apartment of a brownstone. My landlord lives above me in the rest of the brownstone. She spends most of her time on the floor just above mine and smokes. The smell has always entered my apartment somewhat but it has increased significantly recently. If it were just another tenant’s smoke, I would insist that the landlord sealed the doors and vents between our apartments, but being that it’s my landlord’s habit…it is a bit more touchy. Any recommendations on how to approach this? What are the tenant rights on this issue?
anonymous
in Landlord 13 years and 11 months ago
10
Please log in, in order to post replies!
10 replies
callalily | 13 years and 11 months ago
I mean, the landlord lost.
callalily | 13 years and 11 months ago
Just let her know nicely and see if she can smoke outside or open a window or something. If not, it’s unlikely air purifiers or vents or anything else will help. If it doesn’t improve and you can’t continue living there, tell her nicely you need to move, etc. Hopefully she will let you out of your lease without too much fuss. (I had the same problem with a former landlord, who went insane and took me to court, but lost.)
BHS | 13 years and 11 months ago
Bringing up the warrant of habitability is not going to be a productive approach. It’s confrontational and somewhat insulting (implying that the habit is so disgusting/bothersome it makes your apartment uninhabitable), though I don’t like cigarette smoke either. Most smokers realize that others don’t like the smoke and if there’s anything she can easily do (use a smoke-eater/smokeless ashtray?, smoke in a different room? get a high-powered fan to get a bunch of fresh air in there?) she might be willing to do it if you’re nice about it. If she’s amenable, a gift of a smokeless ashtray for her and an air purifier for you would probably be a lot cheaper than moving.
Goatcrapp | 13 years and 11 months ago
Its possible the landlord doesn’t even know the smell and smoke are getting into your apartment.
Assuming you are being reasonable, and not hyper-sensitive, then don’t feel funny to bring it up. I recently had a situation where my in-laws were visiting for the week. MIL was cooking “her” food (rich in spices, garlic, and other stuff) and MIL also has a habit of burning things. I’m at work – so i had no clue, other than the faint smell of it when getting home. One of my tenants mentioned it, and it never occurred to me that the smells from my space were so pervasive in their space.
I didn’t take offense (nor should anyone claiming to be a fit landlord) and the tenant brought up the topic very matter of factly – not hysterically, or threatening.. and I fixed it. I do have a kitchen vent, but it was the smells entering the hallway that were the issue. I sealed the doors to all of our apartments, as well as the common hallway doors.
Bklnite | 13 years and 11 months ago
Of course you do have rights, particularly Real Property Law ??235-b, Warranty of Habitability .
“…premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety..”
It’s a matter of interpretation whether you’re being overly sensitive or the smoke really is detrimental to health and I wouldn’t start the conversation in a way that sounds like you’re threatening to go to court. You can bring it up as an issue, and see if the LL is willing to remedy the situation (seal doors & vents and other ways the smoke travels and/or add something for ventilation & air filtration). If not you can suggest you agree to terminate the lease so you can find another (smoke free) place to live.
Sherriatric | 13 years and 11 months ago
It might be her house, but you are PAYING rent to live in your separate space. You are not a houseguest. I would approach her in exactly the same way I’d approach any other landlord about any other tenant’s smoke.
I would tell her that the smoke has increasingly permeated your space to the point that the air quality has become unacceptalby poor and it either needs to be properly sealed, or you will consider moving.
Be very matter-of-fact and straightfoward in your approach. Be polite, but make it very clear that the situation is not acceptable as-is.
anonymous | 13 years and 11 months ago
Thank you all for your recommendations and sympathy. The smoking has increased lately because my landlord is going through a hard time lately – so it will be difficult to talk her about this. I don’t expect that she will be sympathetic. I don’t think that its my place to comment on her behavior so I’d like to purchase an air purifier and ask her to deduct the cost from my rent.
Arkady – I can appreciate how as a home owner you would resent anyone complaining about your behavior in your own house. But I do think that if you take tenants into your home, agree to a lease, and accept their rent, that as a landlord and neighbor you are obligated to make some compromises so that both parties are comfortable living together.
Arkady | 13 years and 11 months ago
Be really gentle in your approach. I’d resent the hell out of someone’s complaining to me about smoke in my own house. BHS raises an interesting point about why it’s more pervasive lately – examining that issue might lead you to at least a partial solution.
STARGAZER | 13 years and 11 months ago
I dont think you have any rights at all since it is her house. But while I do hate smoke as well, have you tried to seal everything up yourself?, because if not, you should. I know I would. if it is really that bothersome, which I am sure it is, I would move. I would not make a big ta-doo over it, i would move. Maybe not what you want to hear, but because it is her house, I dont see any other option.
I do feel bad for you, I really do.
BHS | 13 years and 11 months ago
I don’t think you have many rights per se, but if she’s willing to work with you, there might be some things that could help a bit, though no 100% solution. Any idea why the smell is stronger recently? Are you getting less outside air with the AC on most of the time? Or is it drifting in from open windows? Or is she just home smoking more? Anyway, I’d approach her in a non-finger pointing way to see if you can come up with any solutions together. If not, you’ll have to consider moving.