Second hand smoke from AC vents ?

[_ZardoZ_]

I rent a lower level apt in a house. The landlords are smokers. Presently I have to close the AC vents because of an ash tray / second hand smoke smell that is blowing out of the vents. The landlords are aware that I am an ex smoker and that the smell gives me a headache. They have been slow to react to resolving the issue. They are aware that I have to tape over the vents to keep the vents blocked. I have had to buy fans and air purifiers to keep the apt from becoming damp let alone cool.

In my opinion, they are knowingly pumping a carcinogen into my apartment and are violating a health code of some sort. Is this correct? How can I find out what they are required to do if anything?

thnx

 

[Banned_Princess]

I rent a lower level apt in a house. The landlords are smokers. Presently I have to close the AC vents because of an ash tray / second hand smoke smell that is blowing out of the vents. The landlords are aware that I am an ex smoker and that the smell gives me a headache. They have been slow to react to resolving the issue. They are aware that I have to tape over the vents to keep the vents blocked. I have had to buy fans and air purifiers to keep the apt from becoming damp let alone cool.

In my opinion, they are knowingly pumping a carcinogen into my apartment and are violating a health code of some sort. Is this correct? How can I find out what they are required to do if anything?

thnx

No they are not. It is their property and they can smoke if they want. They are required to do nothing, and you are required to fulfill your lease obligations by not breaking it and moving.

 

[atomizer]

If you lived in certain part of California or Washington, you might have a case. But we don't know that since you didn't say what state your are located in.

 

[LindaP777]

Us law only!

 

[FarmerJ]

There are places where a heating and cooling system that is shared by two or more units based on forced air is not in violation of any local code because it had been in place for so long that was in use before any code changes may have said otherwise. ( If this is older structure most likely the heating /cooling system falls under that situation and there is not much you can do)

 

[georgeskorupa]

You can file a lawsuit based on nuisance

It is common knowledge that 2nd hand smoke is dangerous. You can sue them in small claims court for maximum allowed, or get a lawyer. In addition to nuisance you can sue for intentional or negligent infliction of emotional distress. To sue for intentional you have to notify them by registered mail that it causes you distress and health problems. To prove that smoke is dangerous you need to get some articles from recognized medical journals which will be easy.

If it is only a manager who smokes, you should sue every one at the same time: manager, owners, etc.

 

[Mass_Shyster]

Is it common practice to give advice two and a half years after the question has been asked?

 

[HomeGuru]

It appears so and it's not even Sunday. Thread revival day.