What are my tenant rights when my apartment smells like cigarette smoke?

I live in a 12 unit apartment building in WNY and my apartment (and everything in it) smells like cigarette smoke! The neighbor under me and next to me both smoke and it comes through the pipes and vents(the building was built in the 1970’s). The property manager tells me there is nothing that can be done. Is this true? I have asthma and allergies and this is NOT very fun. Should I al least be able to terminate my lease early?

6 Responses to “What are my tenant rights when my apartment smells like cigarette smoke?”

  1. pink moon Says:

    You could stop complaining? People are not allowed to smoke anywhere now except outside and in their home.

  2. **~(=Roxie=)~** Says:

    The only one living there so guess they have rights as well would just reccomend moving.
    The only one should have rights as well would just reccomend moving.

  3. livin the dream Says:

    Your manager is correct. You can request to transfer to another apartment, but legally, there is nothing you can do. The manager cannot tell another person that can not smoke in thier apartment. YOu will not be able to terminate a lease based on this without having to pay the fees either

  4. justin ohio Says:

    The home yet so you they have not outlawed smoking in the home yet so you may be out of luck here.

  5. monkeyz rock Says:

    I think you should got to a different apartment.

  6. Alicia B Says:

    The landlord and ask if it doesnt say anythign about no smoking allowed than you moved into those.

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