Hello. I am a tenant in Virginia and here is my problem. I live in an apartment complex, so I have a neighbor on either side of my apartment. One of the adjoining apartment tenants is a heavy smoker, while I do not smoke at all. The problem is, every time he lights up, I can smell it in my apartment. It comes through every crack and crevice in the place (and there are many!) as well as through the air conditioning duct. I wake up in the middle of the night from the smell entering in my room and start coughing. I have mentioned the problem to my neighbor to no avail. He won't go outside to smoke. More importantly, I have talked to the property manager (also a smoker) and she doesn't think its a big deal. She says my apt and smoking guy's apt share ductwork so nothing can be done. I don't know if I buy that excuse. Ultimately, does management have a responsibility to deliver to me an apartment that is free of cigarette smoke? I would think it would be a health/sanitary issue. What options do I have? Any advice would be greatly appreciated.
Thanks,
Sick of Smoke in VA

Hello. I am a tenant in Virginia and here is my problem. I live in an apartment complex, so I have a neighbor on either side of my apartment. One of the adjoining apartment tenants is a heavy smoker, while I do not smoke at all. The problem is, every time he lights up, I can smell it in my apartment. It comes through every crack and crevice in the place (and there are many!) as well as through the air conditioning duct. I wake up in the middle of the night from the smell entering in my room and start coughing. I have mentioned the problem to my neighbor to no avail. He won't go outside to smoke. More importantly, I have talked to the property manager (also a smoker) and she doesn't think its a big deal. She says my apt and smoking guy's apt share ductwork so nothing can be done. I don't know if I buy that excuse. Ultimately, does management have a responsibility to deliver to me an apartment that is free of cigarette smoke? I would think it would be a health/sanitary issue. What options do I have? Any advice would be greatly appreciated.
Thanks,
Sick of Smoke in VA

As someone that is highly sensitive to smoke, I decided to do some research. You do have a "warranty of habitability" and that might be your basis for the case. It depends on if you have the resources to fight this. You might just want to find a place that is newer and already smoke free. If not, this site is a wealth of rabid anti~smoking information :D

Good luck.

http://medicolegal.tripod.com/condoaptcases.htm

""Obviously, cigarettes' toxic chemicals far exceed the "Threshold Limit Values." Wherefore TTS-caused injuries and deaths are common, foreseeable, "natural and probable consequences." TTS exposure causes Increased Risk of Death. There is a common law right to "fresh and pure air," a duty to not endanger people, and, when one does cause harm, to aid the victim. "Fresh and Pure Air" is already the law.""