Downstairs Neighbor Smokes All Day Inside Their Unit

Location: California

I live in an upstairs unit in an apartment complex in N. California. The people beneath me smoke cigarettes all day and my apartment reeks strongly of cigarettes. There is always a stale smell but I know when they’re actively smoking because the smell gets very strong. During this time, I can’t be in my bedroom because it makes me cough.

I have seen her smoking on her doorstep numerous times and I have a video of smoke coming out of their window and traveling upwards to my apartment but for the most part they smoke inside so it’s really hard to actually gather evidence. Other than the fact that all my clothes reek of stale cigarettes.

I visited my parents home the last week for thanksgiving and my parents told me my clothes smelled awful (like cigarettes) and I had to wash all my clothes twice to get the smell out. But something that really concerns me is the daily headaches I’ve been getting completely went away while I was my parents house. I came back to my apartment on Saturday and woke up on Sunday with a headache and have one today (Monday) as well. My eyes also burn when the cigarette smell is strong.

The lease does have a no-smoking clause but it states that the owner can’t guarantee a smoke free space but must take reasonable steps to maintain one??? I’m not really sure of my options. I emailed the apartment complex twice with no response. I also left a note on my neighbors door. I’ve asked the complex if they have any vacant units but they just refuse to respond.

(Btw I don’t live in a CA municipality that prohibits smoking in multi-unit housing).

Also I know that the property manager knows about the smoking issue because when they were showing me the unit they had 6 air fresheners plugged in and stupidly I thought it was weird, but I didn’t investigate further…lesson learned.