Seal everywhere smoke comes out in your apartment. No problem! Even if the smoker doesn't live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property). If a federally backed mortgage was used to purchase or refinance the building, then smoking marijuana there is illegal, regardless of the state law.. Here are the steps to take if your neighbors smoke (cigarettes, weed, or otherwise) is getting on your nerves. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Regardless of the issue, we can create demand letters to warn your neighbors about their rude and inconsiderate behavior. The last thing you want right now is your neighbour's cigarette smoke . Document your situation. If you're not permitted by your landlord to install weather stripping, you can block much of the smoke by tucking a rolled up towel around the bottom of the window. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The couple fought the eviction by arguing that the smoke from their apartment spread due to faulty air-conditioning systems, but the landlord prevailed. Maybe they are smoking in the hallways, or just out their windows when it gets cold outside, and not all the smoke is getting outside. Secondhand smoke can come into your apartment in multiple ways. Secondhand smoke does not respect boundaries, seeping through light fixtures, wall electric outlets, ceiling crawl spaces, and doorways into all areas of a building with smokers. For quite some time, smoking cigarettes inside or around public places has been outlawed due to the dangers of secondhand smoke, says lawyer Robert Pellegrini, president of PK Boston, a firm that specializes in both real estate and cannabis law. Neighbors BBQ Smoke (Complaints, Solutions, and the Law) No fax machine? Dealing with Secondhand Smoke in Your Florida Home | Nolo Smoke not covered by statutory nuisance laws The following types of. Explain which rooms of your home are affected and how. If your neighbor's BBQ smoke is coming into your property, you should try to resolve the issue amicably between you and your neighbor before involving anyone else. Danielle holds a Bachelor of Arts in English, Bachelor of Arts in Political Science, Master of Arts in English with a concentration in writing, and Master of Public Administration from Lamar University. There is no legal or constitutional right to smoke. Talk to our experts at the American Lung Association Lung HelpLine and Tobacco QuitLine. You might also do an Internet search. Clearly, getting your neighbor arrested might make your living quarters uncomfortable in other ways. If the troublesome smoker lives in a planned development or a condominium with covenants, conditions, and restrictions ("CC&Rs") prohibiting smoking, then either you or the homeowners' association may take legal action against the smoker. The best way to keep cigarette smoke out of your apartment is to make sure that your door and windows all have good seals to them.