I live in a garden apartment complex in Maryland. The nieghbor directly below me smokes inside his apartment and the smoke travels into my apartment. I have a wife with asthma and a baby, and needless to say, this is very distressing. I asked the neighbor if he could smoke outside or at least on his patio and he refuses. He said there is nothing in his lease that prohibits him from smoking. I called the management company and they echoed my neihbors statement. There is nothing in the lease that prohibits it. So now I am left with a smoke filled apartment. But I was never told that there was a smoker before I moved in. Does the management company have to disclose this?
What can I do?!! I'm in Maryland.

Anyone have any suggestions? It would be much appreciated.

Sounds like you need to move and should ask them to assist you in moving by allowing you to break the lease. You may need to get an attorney involved and threaten to sue for them promoting an unsafe environment by not fixing the problem so that a neighbor's smoke gets into your unit making family members ill. If they face suit, then maybe a mutual release or general release from the elase can be signed and you can move on.

It's difficult - obviously - but you do have the right to compel your neighbors to stop. The landlord cannot compel you to move - but you can complel your neighbor. The question is, is it worth the time and aggravation. What it boils down to is - your landlord has a requirement to provide you with a sanitary, habitable residence - and you have the right to quietly enjoy your premises. Further, given smoke is recognized as a toxin, and also, a nuissance - if it seeps into your apartment, it is considered tresspass, harrassment, and even poisoning. You can sue the landlord for breech if he fails to correct the situation. You can sue the other tennant for making you sick. The organization ASH (action on smoking and health) maintains a database of cases (you'll be surprised how many cases non-smokers have brought (and they win) - and the common law precedent which extends atleast back to 1860 - protecting you from nuissance smells from neighbors).
Oh, and if you feel it's easier to just move - you MUST document your complaints, and the lack of resolution. If you can prove it, you can then break the lease without penalty. (again, you MUST be able to PROVE what happened, and your landlord's failure to remedy this situation).

you MUST document your complaints, and the lack of resolution. If you can prove it, you can then break the lease without penalty. (again, you MUST be able to PROVE what happened, and your landlord's failure to remedy this situation).

Please advise me exactly how should you document your complaints? And exactly how are you expected to prove it if it's not resolved?

I have lived in the same apartment complex for 10 years and just recently had new neighbors in the past 30 days that have caused me great discomfort and sickness by allowing their smoke to enter into my apartment. And also the smoke from illegal narcotics. I am NOT happy about this and have asked the manager to talk to them about it. She did send a letter. So how do I document the complaints? Is my manager required to give me a log of the times I have gone down there to complain? What would be acceptable as proof? I could always record our conversations on a digital recorder, but I don't know if that's even legal.

And if it's not resolved (and they have only let up a little bit since the letter, but late at night my apartment can fill with smoke) how do I prove that? How can I conclusively prove a SMELL is in my apartment? I live alone, so it's not like I'd have other witnesses to this. It's all my word against theirs.

Of course, if they continue to smoke illegal drugs, I will call the police on them (and the management knows this and is fine with that) so maybe some arrests will be sufficient to get them evicted, since possession of illegal drugs is against the terms of the lease. But lately it seems they go out to do their drugs, but the regular smoke smells still get into my apartment and make me ill.

I live in Kansas City, Missouri, if the laws are different there.

Well, documenting - the same as one would do in any legal matter. Any written communication should be mailed certified letter. For court issues, items are often served by a 3rd party (usually a company) who certifies delivery of the item - but it could be a private 3rd person who serves it for you and swears to the court regarding the delivery. For your landlord, it would be a certified letter. These days, email communications would likely be fine (print out copies of both yours and theirs, including the email headers, and if you use some programs to send email - they may offer the ability to verify receipt of the email. Also, if you receive a reply from the landlord on a voicemail or answering machine, keep the recording. For damage related issues, obviuosly, photograph or video tape the item. For noise, video tape it (with sound). In NY state - a '1 party' state - only one side of a phone call has to be aware it is being recorded. I'm sure there are websites that index what states are 1 party, and which are 2 party. As an aside - Tmobile tape records ("may record") customer service calls - but if you advise that you are also recording the call - they hang up on you. Nice, huh?
Smoke is tough though, isn't it!? If you can see the smoke, video tape it. If it's enough to set off a smoke alarm, place the smoke alarm near the source and video tape it going off. And lastly, the real answer - if it is pot smoke - do call the police. In my town - they get very annoyed at minor calls and often will not show up. Honest to goodness, if you witness a neighbor's house being robbed - here in my town - the police will not respond. They insist the owner of the proptery must call. I have had this happen twice - on one occasion, I witnessed the theft of a riding lawn mower - not a cheap item. The police refused to even take a report to note the license number of the truck that stole it.
On the other hand, one technique I have found effective - is if I have the opportunity to speak personally with an officer - lets say - the guy who monitors a local school, or sometimes they have an office posted in a grocery store, or the report taker who sits at the station and waits for walk-ins - go and speak to that officer on a very slow day and explain the problem. Explain that you it is illegal, and while they may not necessarily to arrest people or kick down doors, but if they verify the smell was present you could then resolve it on your own, with the landlord. It could be under the assumption that you smell a strong odor of smoke which seems like drugs or, because it doesnt smell like cigarettes, you want to make sure it's not dangerous. Some cops wont care to help, but if you handle it a certain way, they may advise you what they can do. If you succede, and get the report - that is the best evidence you can have.
At the same time, if you have a cop who is reluctant to kick a$$ and take names, but is willing to just make his presence known - after having the discussion - and making the call for him to show up - he might just knock on doors to ask anyone if they are smoking pot. "we're trying to locate the source." The tennant will surely deny it - and the officer might say, "ok, well, it could be from outside, or upstairs, but if it happens again, we will be back to find the responsible party." The point being - he might scare them into stopping - or reducing the frequency - which would be something better than the current situation. Of course, he might just want to arrest them, and if you fear that - I personally always feel dealing with things one to one is the most civilized - so I would suggest - assuming you feel safe doing it - speak to your neighbor personally - and explain the smoke pours into your apartment and is very strong - and that having been there for some time before this started - you expect them to be respectful of your space and stop. Explain that you are serious, and are giving them the opportunity to resolve it personally. Again - assuming you feel safe doing this. Perhaps have a witness with you - and maybe even a pocket recorder, and cell phone, with you.
I had neighbors parking in my driveway, and other neighbors having barbque's in my backyard. Yes - i swear this is true. And sunbathing too. After notes, personal conversations, and posted no trespassing signs - I finally had to call the cops - which I hated doing. But, I spoke with the police first, and apologized for the trivial call, and explained it was a constant problem I just had no options left. They showed up and put a stop to it. And my neighbors? Boy did they *****! "I cant believe this! This never bothered them before!" As if! AS IF!!! Who barbecue's in their neighbor's back yard? Who did they think all the (THREE) no tresspassing signs were for???
That's my rant, sorry, - the police solved it, and were very nice. Best of luck with your problem!

The original post is almost 18 months old.

Don't hijack a thread... start your own.

I agree, and I also state that the smoker is not breaking the law, if they are 10 feet from your door or more, well at least in the state of Oregon. If they are coming out of thier apartment, to your door, or close, then they are intentionally doing this, since it is not illegal to smoke ciggarettes in your own home, what you can ask the neighbor to do, is to close the windows, only while the ciggarette is going. I can't see a lawsuit here, but if you start your own thread, and post these cases that actually won, then I would be interested in seeing them. Please start your own thread to answer my post. OH, if it is pot you are smelling, call the police.