Can you ask the office if they have a different apartment? How long til your lease is up to move. You Sadly can’t stop someone from smoking. Our neighbor smokes weed. We can smell it… but there isn’t much we can do.
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Is it a private rental, apartment complex owned by a company, or section 8 (HUD) funded? If it’s private rental then you can threaten to withhold rent for breach of contract. If it’s property owned by a company or section 8 acceptance then you have a right to go over the landlord’s head n file a complaint. You n your family have rights to live in a safe environment.
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If you don’t like what someone does in their apt they pay rent on, move out and go buy a house. Not everyone’s going to walk on pins and needles in their home because you don’t like what they do in THEIR apt.
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That’s just one of the downsides to living in an apartment complex. You can keep asking, but you can’t force him to stop. If it is too bothersome for your family, I would ask the manager of the complex if you can be moved to a different apartment.
I know how you feel. My apartment complex is a smoke free zone. Unfortunately we have neighbors who still smoke cigarettes and weed. The manager doesn’t care. It smells so horrible
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I was about to say it’s his place he can do what he wants but the part about him falling asleep is a safely concern…
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Thank God at the place I live in, the smokers are not allowed to smoke within 25 feet near the apartment complex. Reason why this started a few years ago was for safety purposes of preventing a fire, we have water heaters in our patios that work with gas and also secondhand smoke can seep into multi-unit dwellings from many places, including vents and cracks in walls or floors. With those huge cigars you mentioned I can imagine the strong smell. I’m so sorry you’re going through this but my best and only advice to you is to move out as soon as you can. 
Not being rude in any way but He pays his rent too. He can smoke out side if he likes, mabey you should consider getting a house instead of an upstairs appartment
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Offer to do a deep clean of his place to get the smoke smell out, and then as the yellow comes off the walls maybe he’ll wanna stay smoking outside. If hes always outside when he smokes and you’re complaining about that…Thennnnn dont be “that guy” no one likes that guy. Go inside and shut the windows if it bugs you
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Close the house and use air filters and / or A/C when hot and heater when cold. Or move.
You’ll probably have to move but you can ask for an apartment with non smoking neighbors. If you have a medical need they will have to accommodate.
You can’t do anything about him smoking outside his property. As awful as it is, he’s using the space he has got reasonably, and aside from that you can’t expect anyone not to smoke in a public area. As you’ve said yourself, if he was doing it inside it would be more worrying and pose a bigger risk. If you went to a supermarket or shopping centre and someone was smoking a cigar outside would you complain about that too?
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Much easier said than done, i KNOW. but i would try my best to just get the hell outta there.
Honestly if there is no smoking in the rental agreement then there can be something done about it but if there is not no smoking in the rental agreement then there’s nothing you can do about it. I mean it’s a free country you can smoke what you want you know I mean my husband smokes his weed his doctor said he can smoke his weed but no cigarettes because of his heart! I would suggest finding another place to live really if it’s that much of a bother. But now if he’s smoking outside then there must be a reason and I mean you can’t do nothing about that you know what I’m saying it is a free country and people can do what they want. I remember my girlfriend living in a neighborhood and all you could smell was weed because everybody was Smoke outside but I mean what are you going to do call the cops and be like all my neighbors are smoking pot I can smell it LOL I mean that’s not right. I mean I understand that your family is very clean and healthy and everything but then again like I said people do what they do and sometimes you have to stick with your own business and stay out of other people’s business you know I’m the type of person that tells my neighbor’s very quickly hey you go over there and mind your own business and I’ll stay over here and mind my business
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I’d mind my own business
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Read your contract/Lease, is Patio smoking phrohibitited?
Help a mama out and respond anonymously on our forum. What to do about my cigar smoking neighbor?
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Move to a non smoke building, you guys just keep bugging him. Damm leave the man in peace. He can do whatever he want in his apartment… don’t expect people to be nice just cause you have kids …
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Move. You’re the one with the problem.
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How awful I hate cigar smoke it makes me sick. I would of started looking for somewhere else to live after the first one. Unfortunately I don’t think you have a leg to stand on.
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My neighbors sometime cook foods in their garage that smell. I just close up my windows and doors and the problem is solved.
Only recourse is to move! He has the right to smoke in his house!
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Read what you wrote and read your lease. The smoking guy has disturbed your peace time after time by continuing to smoke his cigars after he has been talked to by the manager who prob smokes too so he is not enforcing the rules the leases of the tenants. Now it’s time to enforce your rights. The smoker is interrupting your peace enforce the lease. Don’t just talk or call the manager. Put your concerns in writing to the manager. Check out the landlord tenant laws for for your state also. Hope my suggestions are useful. Gotta get tough and be stern about your rights with the landlord/manager
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You don’t own the outside air? Buy a house and you won’t have to deal with it.
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I’d move as soon as I could. To hell with all of that mess. The landlord, the neighbor. They aren’t going to change.
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It’s an apartment building. When you decide to live in apartment building you are agreeing to hear, see and smell things that u don’t want to. I know it is irritating but if he’s not breaking any rules, there’s really nothing anyone can do. I have people above my place that also smokes but that’s when I plug in my air freshners and scents and go about my day. Hopefully you can do that so your family doesn’t smell it as much but if no smoking is not on the lease, complaining won’t help cause nothing will be done.
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Move. You cannot control what another person does in their home.
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Get an air purifier, or move. It’s his peace to smoke a cigar also. You can’t tell your neighbor what to do in their space.
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Oh no. We had the same thing when we were 1st married. The cigar smell judt permeated up to our flat which right above theirs. It reeked, along with some of their foreign cooking - but the smoke was the worse part!
I dont remember who left first now. Far too long ago! But Ill always remember that ‘SMELL’ everyday and wheneverI may still smell it somewhere to this day!
It made me feel so sick
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Smoking inside should be ban. For a start the smell in grains it’s self into the home and is really hard to get rid off it also causes damage to the interior of the property. If I was the landlord he’d get three warnings if he still kept smoking after that I’d evict him. No smoking inside would be in the lease along with the clause of three warnings and your evicted. I’d have smoke alarms installed and if he removed them or caused any damage it would be coming out of his bond. It’s a rental property he doesn’t own it. He should respect the property instead of sitting on his arse smoking all day. Even if he didn’t use his three warnings if he smoked inside the property against the lease rules he’d be evicted and professional cleaning fees would be coming out of his bond.
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Move. You can’t control what other people do in their home. If you’ve asked and he isn’t willing to stop you are out of options other than leaving.
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You have to move.
You may have an allergy to the smoke.
I had the same problem, surrounded by smokers = asthma attacks and multiple uses of my inhaler. We moved toasts d alone house - no more asthma.
You health is more important
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Maybe you should move. He has every right to smoke in or outside his apartment. I suggest you move to an apartment where smoking isn’t allowed. I’d be very annoyed if someone kept telling me what to do especially if he isn’t doing anything illegal. You seem like that annoying neighbors I never want to live near. Our neighbors next door smoke weed, I hate the smell and they sit in their yard and smoke with friends so we close our back door it’s that simple.
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Yep. Shouldn’t have moved into an apt
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Sounds like you need to move.
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Honestly you should move. It’s not right for you to try to control what someone does in their own apartment. Gross or not that’s how he enjoys his time and for you to tell him he can’t do that is just not okay.
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We’re non-smokers and own a home. My pet peeve or discomfort is the back yard fire pits. Just when the sun goes down and I want to open our windows to cool the house down someone is burning a backyard fire pit. I close the windows back up and the bylaw for the fires is 1 am so thankfully I am retired and can open the windows late at night. My neighbors are non - smokers or that would be a double whammy. All you can do for now is close your windows and patio door until you find a resolution. Apartment dwellers change month to month so no matter where you move you may encounter smokers if smoking is allowed. A very similar problem is someone cutting the grass just outside the window - I close the windows and wait for the fresh aroma to subside. An ideal property would be large enough for all of these things to have a minimal or no impact on your personal air space. Find out how the smoke is coming in and close the windows - be thankful that it is not fire pit smoke.
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We live in a free country. I hate smoke but I cannot expect someone in their own apartment to give up their freedom to choose in their home or porch. When you are able move to a non smoking rental or your own home. I wish you well and healthy breathing.
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It does not matter where you live there will always be someone who does something you don’t like I am afraid he has a right to smoke you have a right to disagree I am sorry but that is life!
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It sounds to me that you have done everything to try to remedy the problem, now it seems that all you can do is look for another place to live. If I was you I would find a non smoking building as well
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Inconvenience for you but obviously he has no intention of quitting and even if he does your apartment already has the smoke smell… time to move also until u can do that invest in a nice air purifier.
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Unless it specifically says he can’t “smoke” in the lease. Then you jsut have to move and stop harassing your neighbor. A man has every right to smoke in his own domain if he wishes wether it bothers you or not . If it’s that big of an issue then I suggest move.
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smoking wouldn’t be considered bothering our neighbor’s peace. I can’t stand it either, I’d move
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Do you think maybe they can’t do anything because he owns the apartment, all these people assuming he is renting as well, poor bloke can’t even do something in his own place without being nagged, if its that bad move
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Lol being the bigger person sometimes means getting out of situations or spots that you find uncomfortable, cause asking people to change to make you more comfortable is a battle you’ll seldom win
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I was going to suggest putting your rent money into escrow with an attorney. If you can’t afford an attorney, legal aid should be able to do it for you. They will send the landlord a letter explaining this. That way, you’re withholding rent legally. Also, I think you should report the unsafe and unhealthy conditions to the health department. Don’t wait, until he does catch the house on fire, while falling sleep smoking.
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Nice. My neighbour’s are constantly smoking cheap pot (skunk weed, I’d never smelled pot this foul before), now that it is legal. I can’t even sit in my own home. Yes it permeates, we open the doors-windows it comes in. The wind blows slightly to the south it comes through the roof vents(I had to block my bathroom and oven vents). It is disgusting, its everyday, one is on disability (not physical this is not medical grass). I am a senior I wasn’t exactly innocent in my youth, however when it was common to smoke in restaurants, I’d ask if anyone in the tables around would mind before I litup a cigarette(would never smoke my pipe or a cigar in public). I’m in my own detached house, I never in my wildest dreams would have realised that it was possible for my house to stink this much from my neighbours next door.
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Start a clogging class after hours IDK seriously its all about mutual respect. Try adulting people! Stop saying its my right to complain or its my right to smoke.
I like cigars but I’ve been told at bars, hotels restaurants numerous times you can’t smoke those here. Its America. Their are rules. Lots of them. Play nice or move.
air purifier for your apartment and his. I run them in my house and high dollar air filters, for I have upstairs neighbors and seems to work.
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Find a new place to live. Unless the lease states otherwise he is allowed to smoke in his own home. My lease states a $500 fine for smoking inside your apartment, so that means you smoke outside.
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Find a new place to live. This is his apartment too. If you’re lease doesn’t mention anything about “no smoking inside” I’m afraid you can’t do anything. Buy your own home and then you can make the rules.
Ask manager to move you to a different apartment
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You can always move. Unless it specifies no smoking in your apartment, then to be honest there isn’t much the landlord can do about it. You are disturbing his peace to preserve your own, in my opinion the best option for everyone to have peace is ask to be relocated to a different apartment in the place or find a place that does not allow smoking.
Yes because its that easy to up & move
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Simple answer…. MOVE. It’s clear that the management nor your neighbor cares about your feelings in regard to the smoking. Life is too short to be frustrated with something that you can control.
Try an air purifier in your apartment
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Get some renters insurance if you don’t already have it that way if he burns your house down at least you’ll be able to replace your things
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You’re the one inconvenienced. You need to relocate. He isn’t doing anything illegal. What disturbs you may not disturb the mext. It is what it is when you live in apartments. Happy house hunting.
The property manager needs to do something about it, especially if it says no smoking. Otherwise, there’s nothing else you can do.
Sadly you may have to move because he must be very selfish do not stop at you repeatedly asked him to sometimes in this world until things change smokers have more rights to smoke even though they know it’s bad for them and others around them
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Where I live you cannot smoke in apartments or rented houses. Must smoke outside. Some apartment you can’t even smoke on balcony. Sometimes can smell weed but that is legal.
You’ll find most apartment blocks have a no smoking policy in common areas which is basically the whole area but inside ypur apartment.
Did you not check the apartment before taking it as you would have smelt then before signing .if there is nothing in writing saying smoking isnt allowed. then nothing you can do but move .he as every right to smoke in his apartment or put side .how many complaints you put in against him .its harrassment and a form of bullying .
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honestly if you’re not in a position to move, i would ask to atleast move to a different apartment in the same place for now. If they arent going to make him stop its the least they could do. Other then those 2 things, not much else you can do unfortunately. Maybe try and do a homemade insulation job on your floor lol
Find a house,move ythe best option, then report tour fire dept in ur area!
You seem like the type who should find a single family home. Any apartment type home you move to there is surely something you would find to complain about. If you are sharing a building with others unusual smells and sounds are going to be the norm and unavoidable.
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Ask your landlord to get out of your lease, for the smoking and move
Move. Or ask to move apartment units where the neighbors don’t smoke.
There’s some liquid called liquid ass in a bottle buy some of that on the Internet then pour some of that on his porch where he smokes granted you’ll smell it but he’ll smell it 10 times more and with any luck he’ll move if you put enough down there on his patio
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Why don’t you just move? I’m sure you could find non-smoking apartments.
Your neighbor is doing nothing wrong. Move. Or don’t live in an apartment.
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I have same issue. Management won’t do anything because it’s not a non smoking complex
Write a letter to your landlord stating the issue and what you think a reasonable timeline would be for them to resolve the issue and if that time comes and go without the issue being resolved file a dispute resolution with the tenancy board/regional tenancy act. You can find all the info online as well as a phone number to call to see exactly what you can do but that’s what I was told by them a week ago about a ton of issues I’m having with my rental. Do NOT stop paying rent you will get kicked out. But if you end up taking them to court and winning, which by the sounds of it you would, you will get money back for some of the rent during that time and you can even get compensation aswell. Hope this helps.
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You could have my neighbors one of them came outside with her 2 month old baby in a diaper and covered in vomit asking for a cigarette from us and begging for shots over and over after telling her we didn’t have any shots. Then when my bf gave her a smoke she tried to hand him her baby saying here hold it so she could light her smoke. She tried to hand her vomit baby to a complete stranger to hold. She didn’t even ask us our names. Then my landlord tells me her brother I called the cops on for breaking into the laundry room was a registered sex offender with s Warrant out for his arrest. The kid next to her said she repeatedly tried to break into their place and attacked them, and that she hangs out with child molesters. I over heard her and her baby daddy an friends talking with the window open saying how no one wanted this baby. Or my next door neighbor who’s most likely has schizophrenia and grows yelps and talks to herself in different voices like whole conversations and bangs pots and pans around at 4am. Or the unstable meth head that lives in the top floor. Or the noisy teens above me who brings his gfs three large dogs over constantly as they tear through the apartment barking all day and then throw big parties with probably underage kids all night. Or the creepy guy who walks like he’s angry and gives you an uneasy feeling like his night job is a serial killer. Or the noisy girl with license-plates that say princess and loudly talks and laughs on her phone in and out of the building all day.
Tell the landlord you are bringing a civil suit against him as he won’t rectify the problem and it is a health risk to your family
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Give a written dated notification for intent to move and reason stating the breach of the lease terms. Also request your deposit be returned. Keep copies. Move to a better suited apartment.
Is it a non smoking building?
Make sure you gave rental insurance and try to move.
He probably has narcolepsy. If no smoking is in the lease agreement then you could call your state health department. At the very least he should open a window and blow it outside. It depends on your state laws and building rules. You could maybe try to sue him for damages as smoking damages property. I would get home/apartment insurance just in case he did burn the place down. They’re obviously not taking you seriously and I would let him know that what he’s doing is choosing his comfort over yours (your family) and given it’s his habit he should concede and go outside to smoke. It’s only a few minutes outside or ask him to only smoke a partial cigar so he doesn’t have to stand outside for too long. It sucks I know cause It’s either 95 degrees and humid or -30 below zero or more around here. I have to stand outside to smoke and it sucks but I can’t seem to kick it yet. It’s not an easy thing to give up and cigars are even stronger. He’s been doing it so long that he probably won’t give a crap about fees or fines he won’t stop. You could get a air purifier and use a fan to blow it out a hall window too in the meantime.
I’m amazed at the comment section. It’s amazing to me that everyone seems to think that he has the right to smoke in someone else’s house. He doesn’t have that right. Smoking is not a protected behavior in the law. There is no absolute right to smoke in any state. Nor are smoking bans discriminatory! The company that owns his house makes the rules and are supposed to enforce them! If the smoking is taking place in public housing of any kind it’s illegal. Many cities will prohibit smoking within a certain distance of a multi-unit apartment building. If that’s the case, you could ask for help from the city police on their non emergency line.
If the lease says no smoking they should enforce it. Period. There is a reason why it’s written into so many contacts.
you can objectively prove that it’s making you ill you could ask for a lawyer to write a letter to the man and/or the company you could get a lawyer to write a letter to your neighbor and the company who owns the property. If you just don’t like it, then you would have to leave. I’m guessing that the company won’t do the right thing unless they are given standing to or forced to do so.
There have been people who have sued for this reason in the past based on it being a nuisance or on the breach of duty to keep the rental unit habitable based on health concerns. So if it is making you sick & your landlord doesn’t act and/or if it’s a nuisance you could legally sue and win! When a company like your landlord fails to act on the fact that you are having an allergic or asthmatic reaction to the smoke that they could have prevented from happening in their building, they are no longer legally in the right!
Please comment section, don’t bother to whine about how that’s frivolous just like the woman who sued McDonald’s for spilling their hot coffee save your breath. It’s not frivolous. People don’t get to harm your health because they can’t be bothered to smoke outside in the weather just like people who cause older women to have years of pain and several surgeries don’t get to get away with it because they’re both wrong! It’s wrong keep making someone sick and it’s wrong to be a nuisance to others. Just like it’s wrong to make your coffee so hot that it can cause instant third burns to a person’s genitals and then create a marketing campaign to make her look like she’s in the wrong for suing! Both companies have a duty to their clients and both people are right to do something about it! When they don’t, it’s perfectly reasonable to hold them accountable! Nobody is going to convince me that it’s okay to hurt someone else. Save your breath if you think otherwise!
Some of you all remarks have an overtone of meanness. Be carefully with your words and how they are SAID. Suppose if it was you and your family. Life and death is in the power of your world and especially on how they are SAID. Put yourself in their position. Mishap can befall on you too and what goes around comes around. How does one know if they can relocate?
Up the creek without a paddle…
I’d move, or switch to an apt on opposite side.
Get some plants and pretend you are watering them and spray him with the hose 
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That’s a big cigar, does the guy use a crane to help hold it
Buy him a smokeless ashtray.
I love the smell of cigars, reminds me of my Grandpa
Man can do what he wants. So can you. Whoop his ass or move lol.
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Next it’s going to be the weed:rofl:
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See if you can change apartments.
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I’d start looking for another place. Thats a horrible smell…I also get sick from it!!
OMG I absolutely HATE smoke whether from cigarettes or cigars!!! This is not the answer you want to hear or can do, but I’d have to move!!
Learn to live the smell of cigars, I love them.
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In a free and liberal country as the US is… I would 1st put air purifiers in my home and keep my windows shut. Second, if you moved into a community without no smoking then you have assumed the risks involved and therefore cannot blame anyone for their personal choices. Pay to get out of your lease and move. He’s smoking outside, totally his right. If he was smoking inside and you could still smell it thru your floor beneath you, you live in a dump and have more issues than him smoking cigars in the privacy of his own home. Is this real life? A real issue?
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Move - you won’t win this one.
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Move if it bothers you that much otherwise don’t complain
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I’d ask to rent another apartment away from him.
So something that bothers him enough to ask you to stop
Move, how hard is that