2nd hand smoke entering from adjacent townhouse

[Rich Shene]

I recently purchased an end unit townhouse to be used as a rental unit. When I purchased the property I did notice a faint cigarette smell that I was sure I would get rid of after completely renovating the entire property. As the rehab is coming to a close I realized the problem still exists and the reason is that the smell is seeping through the walls/gaps from the adjacent property where the neighbors are clearly smoking (heavily).

The ventilation system is physically separated between the two units. I have sealed up my side the best I can. (Actually going to pull the new carpet back along the shared wall and spray foam any gaps under baseboard).

I have not confronted the neighbors yet as it is in my experience that smokers in general (especially dedicated ones as they clearly are) do not particularly care and it is unlikely that they would stop anyway.

Has anyone encountered this? There is a HOA with the property but there is nothing against homeowners smoking in their own homes. Although there are some nuisance provisions that this may fall under.

I do understand "smokers rights" but feel their rights end where they infringe on my (or the future tenants) rights to breathe clean air.

Should I disclose this in the lease? Could I be liable for any health issues (real or perceived) that may arise with future tenants?

I plan on marketing this property very soon but want to make sure I am not setting myself up for failure here. I do not allow smoking in my rentals and did consider that a smoking tenant would likely not have an issue with this situation, but I do not want to allow smoking in the property.

Any help would be much appreciated.

Thanks,