Tobacco Smoke Exhausted Into Hallway

[Thaanks]

What is the name of your state? Texas

Hello there,

I have a unit on the top (3rd) floor of a recently constructed apartment building that is part of a larger complex still under construction. The building designs are typical of recent "open air" suburban multifamily construction: concrete stairs run up the far ends of an open-air hallway that seperates units on either side of it, the front door of each unit facing its counterpart on the opposite side. My particular building is 4 units per floor, two per side.

In most of these kinds of structures, including other ones in my complex, the water heater exhausts and dryer vents run vertically along the exterior walls, each vent location corresponding with the unit it serves. In my building however, the architect chose to place the water heater exhausts vertically along the "inside" open-air hallway walls along one stairwell.

I imagine that such a setup would normally be of no consequence in the open air, however, it just so happens that my neighbor across the hallway is a chain smoker, and I am extremely sensitive to second-hand smoke.

After complaining multiple times to an unsympathetic apartment manager (she also smokes heavily), I finally convinced her to accompany me to examine the vent. With the help of the on-site construction manager (who immediately acknowledged the odor), we determined that tobacco smoke was entering the hallway by way of the neighboring unit's water heater closet, located along the wall of their living room. (Smoke must be entering the locked closet through cracks between the door and the jamb.

Both the manager and construction manager fully acknowledged the predicament, but insisted that there was nothing either could do. They could not place any kind of filter in-line before the vent, and could not extend the vent to exhaust to the exterior wall. Nor could they ask the tenant to place weatherstripping, tape, or any kind of seal along the cracks of the water heater closet door.

The manager claims that the only fix is for me to break my lease and move to another unit at my own expense (including paying a "break the lease" fee). She says that I must pay market rate on the new unit, even though I was one of the initial residents, leasing only a month earlier at pre-construction pricing. Of course, the only units available now are larger than I need and almost twice as expensive.

Second-hand smoke is always present throughout the hallway and on the stairs. Everytime I leave, I open the door to a cloud of second-hand smoke stench and must hold my breath and run down the opposite stairwell. Everytime I come home, I have to hold my breath and run up & in again. The constant smoke stench is severly debilitating and is negatively affecting my health and quiet enjoyment of my dwelling.

Can anyone provide advice about my options and/or remedies in this situation?

[JETX]

Originally Posted by Thaanks

Can anyone provide advice about my options and/or remedies in this situation?

Sorry, but no. If I understand your post correctly, this is OUTSIDE your rented unit (in the common area). As such, you really have no 'right of peaceful enjoyment' outside your leased premises.
Nor is there an inherent 'right' to allow you to restrict the other tenants 'right of peaceful enjoyment' WITHIN their leased premises.
Your only options, as I see them, are:
1) Tolerate and move at the end of your lease.
2) Negotiate your BEST 'deal' with the landlord and terminate your lease.

I would suggest that you consider your sensitivity to smoke in any future lease and might look to lease a single family house.

[Thaanks]

Thanks for your response. It will help me prepare for what I'll be up against.

Sorry, but no. If I understand your post correctly, this is OUTSIDE your rented unit (in the common area).

I think you did misunderstand. Smoke doesn't remain stagnant. If the air around it is pushed or pulled, such as with a natural breeze or a forced wind from the opening of an apartment door, the smoke moves as well. This means that, yes, it comes into my apartment and lingers.

Besides the fact that the exhaust vent is only feet from my front door, my lease states that a landlord has certain obligations in regard to the common areas.

If anyone practices Texas law, please provide your thoughts on this.

Thanks!

[fairlight]

I don't know if it would do any good, but can you provide something from a doctor regarding your sensitivity to second-hand smoke?

It does seem that the landlord could do more for you than they are willing to do.

[BelizeBreeze]

Originally Posted by fairlight

I don't know if it would do any good, but can you provide something from a doctor regarding your sensitivity to second-hand smoke?

It does seem that the landlord could do more for you than they are willing to do.

Providing a doctor's not has no effect in this situation. There is nothing more the tenant can do except try to work out something with the landlord as suggested.

[JETX]

Originally Posted by Thaanks

If anyone practices Texas law, please provide your thoughts on this.

I already have.

[JETX]

Originally Posted by fairlight

I don't know if it would do any good, but can you provide something from a doctor regarding your sensitivity to second-hand smoke?

Unless the OP is still in grade school, the 'doctors note' doesn't work.

It does seem that the landlord could do more for you than they are willing to do.

Such as what??
The landlord has done everything that they can, and need, to do. The problem is SOLELY the writers sensitivity to smoke. The other tenants have the RIGHT to smoke inside their apartments if they want. Once that smoke is vented to atmosphere, it is no longer the landlord, or the smokers, problem.