Second Hand Cigarette Smoke-What Can I Do?

[Big Guy]

Early on in my LE career, I served eviction notices. I hated doing that. 

The lease agreement will state whether or not smoking is allowed. I've rented places years ago, and each & every time, smoking was clearly stated in the lease as to whether or not it was permissible. 

In this day & age, I'd find it very odd that a lease wouldn't stipulate if it was allowed or not.

[Sleepster]

You can do an e-visit with your doctor and get him to write you a letter indicating that the second-hand smoke is aggravating your health issues. Then, send a copy of that letter to your landlord along with a letter from you notifying him that the second-hand smoke is dangerous to your health. It's important that you create this paper trail, otherwise it's a he said she said situation.

If both apartments share a common heating/AC unit then it seems perhaps that would be a legal issue, too.

The CPAP machine will not concentrate the smoke in the air. In fact, it will filter it. But it's not much of a filter, it just keeps the dust out of the machine so it won't be damaged.

Another thing you might do is contact your local television station. They often address problems like this.

[Honeybee2SRV]

Thank you for your reply, once I clear this infection out I am going to try to use my nasal pillow again & tape my mouth to see if that makes any difference. Although it tends to give me a lot of sneezing and nasal irritation. I have to pull out all the stops.

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I already looked at my lease which is month-to-month. It doesn't say anything about smoking, although I do clearly remember my landlord telling me there is no smoking. Thank you for your reply.

[Honeybee2SRV]

All excellent advice, thank you. I thought of a lawsuit too. My daughter thinks I cannot because no money up front, but I am willing to try anyway. As for a paper trail, I did write a formal letter the first time I complained, which I addressed to my original landlord who owns the property rather that the guy that she has left in charge of everything now. He just does not care about my situation. 
So I will consult an attorney as soon as I can. 
Yes, I have thought of CoVid-19 coming through the common heating vent, especially since our weather is about to turn cold again for the next 5 days. At least when it is warm, I can open the windows and face fans outward to blow the odor out, even though some of the toxins remain. 
Thank you for your insightful reply.

[Honeybee2SRV]

I have researched about ozone to remove the smoke. Opinions are mixed not to mention you cannot be in the same room while it's running. I considered ozone purifiers before getting the ones I have now which have carbon and hepa filters. I was thinking I could take the second air purifier into my bedroom at night and run both. Extreme, I know but I'm desperate for relief. 
Thank you for your reply.

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Thank you for the link and information to look into my local laws, and the advice to get the activated charcoal air filters-even suggesting a brand. I really appreciate it.

[Honeybee2SRV]

Thank you so very much.

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Thank you for the site. I will check it out.

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More great suggestions, thank you.

[Honeybee2SRV]

I am thinking of calling the police. I don't want to have to go that far and I don't even know if they will show up. Also I looked it up and he does not have to answer the door to them. It is filling my apartment right now and I have the windows open and fans going. 
He knows I have complained and he's doing it intentionally. 
I am just reluctant to escalate things because he's a big guy and has a really bad attitude. 

[holden4th]

All excellent advice, thank you. I thought of a lawsuit too. My daughter thinks I cannot because no money up front, but I am willing to try anyway. As for a paper trail, I did write a formal letter the first time I complained, which I addressed to my original landlord who owns the property rather that the guy that she has left in charge of everything now. He just does not care about my situation. 
So I will consult an attorney as soon as I can. 
Yes, I have thought of CoVid-19 coming through the common heating vent, especially since our weather is about to turn cold again for the next 5 days. At least when it is warm, I can open the windows and face fans outward to blow the odor out, even though some of the toxins remain. 
Thank you for your insightful reply.

Now this changes things. I was under the impression that the guy you were speaking to was the landlord as opposed to the 'super'.

The way I read this is that the person you wrote to was the actual landlord and subsequent conversations have been with the building manager. I wonder if there are any discrepancies here?

Before going any further, contact her again, explain the situation and the fact that the guy she has managing the property has done a back flip and has also 'encouraged' you to move out. Tell her that you would like to see a peaceful resolution and offer solutions. Before doing so there are a couple of questions you need to ask:

Are the units meant to be non-smoking? - Also mention that this is what you were told yourself before you moved in. If you were told that by the landlord (not the manager) then this is a major plus for your case.

2. Did she instruct the manager to solve the situation and what did she instruct him to do?

Solutions to propose to your landlord:

1. Get the AC system fixed. It is a health hazard and you can bet that Kansas has laws and regulations governing this.

2. Evict the couple because they are in breach of their lease.

3. Seek legal advice. You can sue the landlord or the other tenants or both.

No 1 is a win/win for both you and the couple and seems the most logical for me

No 2 is Win/lose

No 3 could end up being lose/lose.

One thought did occur to me. There are two other tenants in your complex. Are they also being affected by second hand smoke? If so, you don't have to be the lone voice.

Some useful websites for you - the second one is not Kansas specific but the first one is.

https://www.hud.gov/states/kansas/renting/tenantrights

https://www.nolo.com/legal-encyclopedia/...-home.html

Good luck