On Mar 12, 2:31�pm, Kyle wrote:
On Mar 12, 3:30 am, wrote:

� �During the last three weeks tobacco smoke has been getting into my
apartment. The doors and windows are closed. I called the landlord
(apt/condos - different landlords...), and they won't even send
someone to see how this is happening.
� �I am extremely allergic to tobacco, and it causes migraines at
levels where you can barely smell it, and asthma when it is more
noticable. It is more than noticable...
� �What can I do? There was no problem during the first several months
here. I guess some neighbor has moved in that smokes, and �it's
getting in through the ventilation or through doors/windows that are
not properly/completely sealed.
� �Thanks for any help or advise. (The state is NC.)

I'm sorry your landlord has been unresponsive; however, it sounds as
though either your health is very delicate or you are personally
hypersensitive to smoke. If it is the former, in my limited experience
as a landlord, it is outside the norm of what a landlord would be
legally obligated to deal with. But a good landlord should be willing
to work with you to find some mutually agreeable compromise. If it is
just that you really, really hate any whiff of tobacco smoke (I'm with
you on that!) and work yourself into a migraine or asthma attack over
it, there's little your landlord can, or should, do.

Check the terms of your lease to see the extent of your landlord's
responsibility to you. It may be there's a clause in there that
obligates her or him to address this issue. Also, if it's a
condominium complex, you should speak with the association to see what
their terms of living are, especially regarding obligations to
neighbors. Some associations are restrictive enough that they ban
smoking both inside units and on balconies, or set limits on how close
smoking can occur to the building(s).

Ultimately, if this is as big an issue as you indicate, you can
terminate your lease early and move to a place where there's a lesser
risk of smokers. (You won't find a place where there's NO risk of
smokers, as you can't ban people smoking outside.) You may be
obligated to surrender your security deposit or some such. Or your
landlord may sympathize and you can work out a compromise.

Are you under the care of a doctor for these migraines and asthma
attacks? If so, that may be grounds for early termination of the
lease, but again, ***read your lease carefully and consult with a
professional (lawyer, leasing agent, etc.) before taking any
action***.

And if you are under care of a doctor, going forward you should have a
letter from your doctor with you when you consider moving into a
place, ask if they can adapt to or meet your specific health needs,
and make sure that agreement is in writing as a part of the lease.

clearly in this day and age smole shouldnt be allowed to leak into
other units.