If the cigarette smoke from a neighbor’s home is penetrating the walls and floors of our home and ruining our property and health, what can we do?

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If the cigarette smoke from a neighbor’s home is penetrating the walls and floors of our home and ruining our property and health, what can we do?

I live in a townhome community where each resident owns his/her own unit. The new neighbors in the unit next to ours smokes heavily and the cigarette smoke from their unit is coming through the walls and floors of our unit. Our carpet and personal items are being ruined, not to mention our health for exposure to these carcinogens. The affected room is uninhabitable. Talking with the neighbor has not solved the problem; they insist they can do whatever they want in their unit. The home owner’s association refuses to get involved. I am looking for legal options to safeguard my family/property.

Asked on December 13, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the new neighbor's smoking infiltrates your home to the point that living in it is unbearable, you very well could have a legal action for trespass where injunctive relief and damages could be sought. Some local communities have ordinances against the second hand smoke that you are suffering from in this country.

I suggest that you consult with an attorney experienced in real estate about the situation that you are in and your legal options since your neighbor is unwilling to accomodate your request. You might consider consulting with a contractor as to a way to prevent the smoke coming into your unit.


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