Not such a Smoke-Free Community afterall?

[MarkW1]

What is the name of your state (only U.S. law)? Washington State

I live in an apartment who advertises with the following boast: "Healthy Smoke-Free Community", per their own website under "Community Amenities". There are signs posted on all entrances stating that this is a "Smoke-Free Community", and all tenants have signed a lease signifying their understanding of this. Approximately 50% of the time when I go to check the mail there are smoker(s) standing nearby smoking freely, both tobacco and/or marijuana. Other tenants smoke often while walking their dogs (outside of the "pet zone"'s, but that's another matter), while I have witnessed others walk into their patio storage closets to light up (heard one tenant even admit to doing this). I quit smoking 2 years ago, my wife quit 3 years ago due to asthma and has an extremely hard time tolerating any amount of smoke, often going into spasmic fits of coughing whenever someone begins smoking near us, like the tenant directly below us smoking on her patio. We have alerted management on several occasions, providing timelines, names, unit numbers, pictures, videos, and have done so via phone, email, and simply walking into the office immediately following an event. The staff has done nothing but send out letters asking the smokers to stop, but this has done little to stop the offense. What sort of legal course is available given that the management team does nothing to enforce their own rules?

Edit: Thank you in advance!

 

[STEPHAN]

If others ignore these letters, it might be tough and require a little war.

Have you considered moving, maybe to a house with no direct neighbours?

 

[quincy]

What is the name of your state (only U.S. law)? Washington State

I live in an apartment who advertises with the following boast: "Healthy Smoke-Free Community", per their own website under "Community Amenities". There are signs posted on all entrances stating that this is a "Smoke-Free Community", and all tenants have signed a lease signifying their understanding of this. Approximately 50% of the time when I go to check the mail there are smoker(s) standing nearby smoking freely, both tobacco and/or marijuana. Other tenants smoke often while walking their dogs (outside of the "pet zone"'s, but that's another matter), while I have witnessed others walk into their patio storage closets to light up (heard one tenant even admit to doing this). I quit smoking 2 years ago, my wife quit 3 years ago due to asthma and has an extremely hard time tolerating any amount of smoke, often going into spasmic fits of coughing whenever someone begins smoking near us, like the tenant directly below us smoking on her patio. We have alerted management on several occasions, providing timelines, names, unit numbers, pictures, videos, and have done so via phone, email, and simply walking into the office immediately following an event. The staff has done nothing but send out letters asking the smokers to stop, but this has done little to stop the offense. What sort of legal course is available given that the management team does nothing to enforce their own rules?

Edit: Thank you in advance!

How long ago did the apartment community become smoke-free?

If this is a newer policy, those residents who signed a lease prior to the initiation of the policy are not bound it. Only those who apply for residency after the time the policy went into effect, or those who renew their current leases, are covered by it.

It can take some time, in other words, for an entire apartment community to become smoke-free.

The most you can do is to send a written notice to the landlord whenever you observe a violation.

A resident who violates the terms of their lease, with one of the terms being a prohibition on smoking, would be breaching the lease and subject to any default provisions and consequences described in the lease agreement. It is up to the landlord to enforce all provisions but it is impossible for a landlord to guarantee to anyone that there will be a totally smoke-free environment.

 

[MarkW1]

Thank you both for your replies! The apartment complex is newly built, opened in this year with those policies. I understand though that they cannot 100% enforce said policies, so I thank you for your insight. And yes, moving might be the resolution, though I was hoping for a different solution. All the same though I appreciate your time and thought towards my problems, thank you both. Have an awesome weekend! =D

 

[quincy]

Thank you both for your replies! The apartment complex is newly built, opened in this year with those policies. I understand though that they cannot 100% enforce said policies, so I thank you for your insight. And yes, moving might be the resolution, though I was hoping for a different solution. All the same though I appreciate your time and thought towards my problems, thank you both. Have an awesome weekend! =D

You're welcome, MarkW1.

I hope the apartment complex management starts to better enforce the no-smoking policy so you and your wife can breathe easier and so a move to another place does not become necessary.

Both Stephan and I appreciate the thanks.