Hi everyone! I'm an international student studying here and I just move into a new apartment and signed a one-year lease. It doesn't say anything about the smoking rule. But there's cigarette smoke frequently from the outside of the building and also from the bathroom vent inside the apartment. So just opening/closing the windows can't avoid it. I am allergic to cigarette smoke so living in a smoke-free environment is really important to me. Is there anything I can do about it, as an international student (i feel so helpless)? Can I move out and break the lease legally without any penalty under this circumstance? I'm not particularly sensitive nor troublesome and I seldom speak up for myself, but it's really disturbing to me (the headache and dry throat it caused). Please help!!! I talked to the manager a week ago but haven't got any reply yet.
Update:Hi BAMA a.k.a. K~E~G..
I know some American people are also bothered by cigarette smoke and I believe it has nothing to do with where I come from. And there's no contradiction between getting an education here and living a healthy life. " Cigarette smoke" may seem nothing to you but to some people it does matter a lot. It's more than just complaining something I Dislike or some subtle individual preference; I am really suffering physically and I can't just simply ignore it (I've tried).
I understand people have the freedom to smoke but I believe I also have the FREEDOM to live healthily. I am just trying to find a way that works for both sides.
Thanks!
Answers & Comments
Verified answer
Start smoking and it won't bother you.
Just Kidding!
Unless your lease agreement stated that this was a no-smoking property then you really don't have any legal recourse.
Give the landlord the minimum notice to vacate that you can and find somewhere else. This time, be sure to check whether the property is no-smoking and ask the landlord/manager/rental agency before signing anything.
There's really not much you can do about people smoking outside unless the entire property, inside and out, is smoke free. You could try getting an apartment on a higher floor (of a no-smoking building) to avoid the smoke reaching your window from outside.
I'm not trying to be mean but I'm kind of sick of all these people complaining about smoking and alot of these "smoking bans" are causing businesses to have to close up and I have been to plenty of people's apartments and have never smelled cigarette smoke from another person's apartment in the building. If it bothers you that bad then why don't you live in a plastic bubble? And there's really not much you can do since you aren't a citizen...you want to come over here to get a good education and then complain about a cigarette. What country are you from anyway? We still happen to have a thing called FREEDOM here.
There are currently no laws in effect in LA regarding smoking in apartments, and the only one currently being considered would allow landlords to ban smoking, but not require it to be banned.
You may be able to get out of the lease due to your smoke allergy. At the very least, your landlord should move you to another apartment that would be away from smokers.
I would recommend speaking to a local tenants rights organization.
The owner can talk to them, but he cannot do rather more about it. In many instances the one resolution is to name police. It is no longer actual that the neighbors can not be loud best after unique hours. Many places have laws about nose. I've obvious nearby regulations declaring that if a noise can be heard from 30 toes away, it can be a violation any time of the day. Assess your neighborhood noise ordinance. You can call metropolis hall and ask for code enforcement department and ask them what to do.
i'm sorry but you cannot stipulate that there is to be no smoking in side of other people's residences.. i would talk to the landlord about breaking the lease because you have a legitimate health concern because even if the landlord were to demand all apartments be non-smoking, in all honesty people will still smoke inside them.
Get a lawyer or learn to smoke