Neighbors smoking in out duplex and it's coming through our heaters?

I am 5 months pregnant and have a 18 month old, we moved here 2 months ago and have noticed that the neighbors cigarette smoke is coming through our heaters. I have already contacted our land lord but he is not clear if they own that side of the duplex or not. He did call them twice and tell them but was extremely rude to us and told us private owners(him) have more rights then we do. Is this even legally, is it not a health hazard? What can I do if anything.
Denver, that’s what I figured.

7 Responses to “Neighbors smoking in out duplex and it's coming through our heaters?”

  1. loanmasterone Says:

    Most cities have passed laws that make it illegal to smoke in a rental unit. If you are renting, one side is not the other side being rented also?

    You should check and see if there is a law in your city that make it illegal to smoke in rental units. The laws were passed so others living there would not inhale second hand smoke as you are. You should call your city attorney to find out if a law has been passed about smoking.

    Most of the cities in California has passed such a law to prevent others from inhaling second hand smoke. It is very common here, most people don’t think that much about it. If someone want to smoke that reside in an apartment complex or other rental unit must smoke outside, except when the rental is a single family house.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  2. searching_please Says:

    I had a friend who went through this exact thing! In our state, Kentucky, she ended up having no rights (she owned her half of the duplex) and ended up having to sell her side at a loss just to get out of the situation. Since you share this duplex with these people, I suggest just going over and asking to talk to them for a moment. If it goes badly, tell your landlord that the place is not fit to live in and if he can’t do something about it, you’ll have to move elsewhere. Also check to see if there is a renter’s board anywhere in your area (some cities have them) to see if they can intervene on your behalf.

    Good luck! :)

  3. Alex Says:

    what state are you in? most likely you will be able to do nothing sorry.

  4. Ari Says:

    you can move,or take it….

  5. Says:

    It could go either way…

    They say there was nothing in the lease specifying non-smoking & that YOU should have clarified it must be non smoking etc… not sure if they would have much of a case

    You push it as a health hazard and list the things cigarette smoke can do to adults, children & unborn babies…

    I would say if you took it to some kind of authority or mediator, you would be able to cancel your lease without sacrificing your bond and all that.

    I hope so anyway… it’s not fair to do that to you and your family. I hate smoking… I could not tolerate it. You shouldn’t have to put up with it since it can make you & your family sick. Smoke makes me sick.

    In Australia we have rental ombudsman. Not sure where you are from.

    Check out this site http://www.badlandlords.info/ it has some info for american states (Im assuming youre in america)

  6. Poppy Says:

    It is not their smoke, it is coming from your heater. Request from your landlord that the ducts be cleaned, the smoke you are smelling is inside the heater, you may smell it, but are breathing no smoke. It originates from former tenants, not from your neighbors. IF you are this sensitive to smoke, why didn’t you check out your neighbors before you moved in? Why aren’t you living out in the country away from the harmful pollutants in the city?

  7. bimplebean Says:

    Why are people such idiots about cigarette smoke?

    What if the neighbors were lighting up piles of cow dung, or leaving dog excrement out to stink up the joint? What if they were slaughtering animals and leaving the carcasses to rot and stink? Would you just say “They’re within their rights?” Hell no!

    *Everyone* should have the right to be free of poisonous and malodorous substances in their home. It should be the *law.* Why should someone suffer because of someone else’s pathetic, malodorous addiction?