Second-hand smoke from condo below

[Annchen Knodt]

I just received a long letter from my tenant detailing multiple health issues she is experiencing that are clearly linked to second hand smoke coming from the unit below. I lived in this condo before renting it out and had been aware of the issue and disclosed it on the property tour. I had also spoken to the neighbor who smokes in the below unit and bought an air purifier before moving out - I had noticed clear improvement and the neighbor seemed to be smoking less. I have now written a letter to the smoking neighbor (who is the owner of the below unit, not a tenant) and forwarded the tenant's letter to the HOA, pointing out the clause in the bylaws preventing any "noxious or offensive trade or activity" (there doesn't seem to be anything specific to smoking, but I think this clearly covers it).

If there is no resolution I plan to release the tenant and hope to find one less sensitive to the issue, but this tenant is a dream and I would so love to keep her happy.  Is there anything else I can/should do? The condo is in Maryland, and specifically I'm wondering:

1) Is there any way to thoroughly seal up crevices etc to prevent smoke from getting into my unit?  From what I read online, it's fairly impossible as it can seep through walls, which seems to be the case here.  I'm going to try and call around to HVAC / duct cleaning companies etc to see if they offer any mitigation services, but would love to hear if anyone has had experience with this type of thing.

2) My tenant has reached out to the Department of Health and I'm wondering if anyone has any knowledge of how this or other government agencies might be able to intervene?  Seems unlikely but I'd like to explore all my options.

3) The HOA has declined to act previously but I'm hoping this letter from my tenant will help. As they seem to be my best bet I'm wondering if anyone has suggestions for spurring them to action.

Thanks!

[Sergey A. Petrov]

These are tough especially in older buildings. The noxious/ offensive activity likely won’t help. Do you how the smoke gets in? If through an open window / sliding door, the fix is easy. Your tenant can close them when the neighbor is smoking. Use a fan or a portable AC unit if the reason for the open windows is that it is too hot.

Trying to chase all cracks and sealing off your unit in a 1980s building will be mission impossible. Then there are bathroom fans, kitchen fans, laundry ducts, etc. Those can run close to each other and crack overtime allowing smells to travel between the units.

I don’t think the health dept will do anything…

Is this the first communication on the subject  from your tenant. If so a long letter (+complaint to the health dept) seems like an overkill. Most will call. But if that is the nature of the relationship your tenant wants to have with you, you are better off with a new tenant 

If the tenant has been complaining and you’ve done nothing, that is a different story.

There will always be smells in an older wood frame building. Cooking? That’s another super common one in addition to smoking. Not everyone likes everyone else’s cuisine.

To me it sounds like you’ve done what you can and your might be better off moving to a single family home. If it is not smoke, it’ll be cooking, or noise or something else as different move in and out of your neighboring units