Dear Mara-

First of all, Welcome! I am so sorry to hear of the tenant smoking outside your door. I'd like to try to find you some help, but I have a few questions for you first.  When you say a "tenant" is smoking outside your door, is she a tenant of yours? Or a fellow-tenant with the same landlord? Or is she just a neighbor of yours who rents? Your rights depend somewhat on what the relationship is.  

Laws vary from state to state and even city to city, so I can't give you a complete answer. But if you are renting your home, and she is also renting from the same landlord, you probably have a right to "quiet enjoyment" of your home which would include the right to not be exposed to health risks in your home. This might give you a right to demand that the landlord make her stop smoking outside your door, or even that she be evicted if she doesn't comply.  If you own the building, and she is your tenant, you probably have a right to make the rules for the tenants, including where they can smoke. Finally, if she is just a neighbor, you probably need to call the police and file a nuisance complaint, and you may be able to take her to your municipal court.

I don't know what you mean by a "lawyer of state department." There are lawyers that handle municipal court matters who might help you, and also lawyers who handle landlord-tenant matters. You can call your local nor state bar association to get a referral for lawyers who handle this type of matter. If you can't afford a lawyer you could try legal aid or legal services.

I hope this helps! I am going to do some research in this area and may write an article on it.

Good luck,

Megan

Mara Warner

5/29/10 3:29pm

Thanks for replying.  We both rent apartments in the same building from another owner.  Our back doors face each other.   The last communication with the management:  They said that they wouldn't waster anymore time on this. One of us would have to move out.  I am meeting with a neighborhood organization (deals with housing issues.)  I may call the Chicago tenant organization.

 

I could call the Building Inspector.  They might issue a fine for "smoking in the common areas of an apartment building."   The IL Dept of Human Rights takes complaints regarding disability and housing. But it refers more to not accepting a disabled tenant or not providing access.

 

I hesitate to tangle with the owner.  He's rich,  powerful, and makes Beelzebub look like Mother Theresa.  He will find some legal means of retaliation. 

 

Thanks,

Mara Warner

Chicago

Mara Warner

5/29/10 3:33pm

In addition:

I have already

contacted the Metropolitan Tenants Organization, made verbal and written requests, had the management make verbal and written requests, provided the management with a letter from my doctor, called Legal Aide,

Willis Johnson

6/ 1/10 6:30am

Hey Mara, I was putzing around the net and ran into your snafu with your smoking nieghbor and your migraines. Sorry to hear you are suffering for dibilitating migraines and I hope you find recourse. The law and public sentiment is definitely in your favor. Ming is travelling all over the world hocking his wares and Joyce is a film maker of note. Cheers, Willis (aka Jonathan)