Can I force my neighbor to stop smoking?

You have a doctor’s note documenting your condition, so you may be entitled to what is known as a reasonable accommodation for the disability. Such an accommodation could mean stopping the neighbor from smoking in his or her apartment or preventing the smoke from entering yours.

How can I prove my neighbor is smoking?

Tenants may use things like candles, incense, diffusers, or opening windows to try to get rid of the smell. You may be able to tell if someone has been smoking if you smell something similar to smoke or any of the products above being overused.

What can I do about a neighbor who smokes in my apartment?

It’s the landlord’s job to enforce both sides of this bargain. If the neighbor’s smoking makes your own apartment reek of cigarettes to a degree that seriously disturbs you on a daily basis, the smoking tenant is probably interfering with your right to quiet enjoyment.

Can I Sue my Neighbor for second-hand smoke in Utah?

Under Utah’s law, an annoyed neighbor may sue the smoker directly and may sue the landlord in some cases if the smoker is a renter. (Utah Code Ann. § 78-38-1.) In California, second-hand smoke is considered a toxic contaminant by the state’s Air Resources Board. Start your research into your state’s laws at Nolo’s Legal Research Center.

Can a non-smoker move out of an apartment over a smoking problem?

Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor’s cigarette bothered you, all you could do was move out. The situation is changing, however, and non-smokers bothered by their neighbors’ smoking may find that they can now take action.

Can I take action against my Cigarette-Smoking neighbors?

Homeowners and renters can take action against cigarette-smoking neighbors. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.