Baby Exposed to Second Hand Smoke

Updated on July 22, 2008
L.B. asks from Port Hueneme, CA
11 answers

Hello Mamas

I have an almost six month old baby girl who is being exposed to second hand smoking via my neighbors. I live in a small apartment complex where the doors face each other. My neigbor who smokes is a nice single guy but he and his girlfriend are chain smokers. They always come outside to smoke and it comes into my apartment. I have no problem closing my door but in these hot summer months, I have to leave the door open (it has a screen) to keep the house cool. I'm in the habit now of just closing (ok, sometimes slamming) the door when they come outside to smoke but then I'm burning up as these apartements do not have air conditioning. Back when I was pregnant, I did complain to the onsite manager (of another tenant that smoked outside) and she said that she cannot tell them NOT to smoke and that they do prefer that they come outside to smoke instead of in the apartment. I know that smokers have rights but what about my rights and my daughter to smoke free air? I haven't said anything this time because I can't afford to move and it's been my experience that no matter how nice smokers are, they get offended when confronted about smoking. Does anyone know about any rights non-smoking tenants may have. Any resource given would be appreciated.

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J.L.

answers from San Diego on

Hi L., smokers are some of the ruddest people in the world. have you tried talking to them? let them know the smoke is coming into your house, and is affecting your baby's health. It's funny if someones music is so loud it can be heard in your house you can all the police, and they will be told to turn it down, but smoke coming into your home is fine and dandy with everyone. There is one thing you can do, each time they smoke outside turn a fan on and face it towards your door, it will push the smoke back out, and may irretate them enough to stay in the apartment and smoke. J.

1 mom found this helpful
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M.S.

answers from San Diego on

One thing you might do is buy a romm airconditioner. I think Costco must carry them or someplace like Target or WalMart.

I'm not familiar with smoking laws. I bet if you called City Hall they can help you.

Good luck to you.

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J.C.

answers from Los Angeles on

I would suggest talking to the neighbors in a friendly non-confrontational manner. Any time you confront a person they will be defensive and less likely to compromise. Speak with an even tone, don't accuse, threat, belittle, or judge. Simply ask if it would be possible for them to smoke away from your door so that less smoke will enter your home. Most smokers are nice people and when asked nicely will respond. My husband smokes, only outside and is very careful to go out back away from our neighbors windows as our upstairs neighbor has breathing issues. He and most of the smokers I know will ususally apologize and work with you if you approach them nicely. But when you judge, ie: go after them about how it is gross and unhealthy in a preachy way, they get angry. It is their right to be unhealthy and their choice, we all make choices and should not be judged by others for them. I am totally on your side about not wanting the smoke in the house near a baby. I have the feeling that your neighbors simply don't realize they are inconviencing you. I bet that if you speak to them nicely you can work out a compromise. Also, I would look into getting a portable AC unit. We got one at Home Depot for pretty cheap and it has been a life saver.

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J.B.

answers from Los Angeles on

i know how you feel (i live with my in laws and they smoke and then handle my daughter and refuse to were a smaoking jacket). do your apts have a back balcony or padio? maybe try to ask them if they dont mind smoking there instead because your daughter is breathing it in and you want to try to limit it. all you can do is ask and then its up to the other attendent. good luck!

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S.H.

answers from Los Angeles on

I know how your feeling . Maybe you can get an air conditioner for those moments when they do that . Also at Lowe's they sell blowers (located in the fan Isle.) They are great! Small , quiet , and very powerful!! Just blow that towards the door when the smoke to prevent it from coming in . Unfortunately my husband and mother are smokers but ONLY do it outside . But ocasionally I smell it coming in and have to tell them and close the windows . Then they move to the other side of the house . Second hand smoke is just as bad .
Good luck

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B.D.

answers from San Diego on

Hi L.,
Unfortunately, as annoying and inconsiderate as this situation is, I don't think that you have much legal recourse ;-( You said you can't afford to move...I don't know ~ I would definitely keep looking hard for another apartment. I think the idea of a fan is good one. I would buy one that is really loud and strong, so that they have trouble talking and get blown over while sitting there. (note: I would not try this without trying exhaustive diplomatic measures, talking, reasoning with them, etc). You want to be careful about playing 'dirty pool' with neighbors; it never ends well.
I am so sorry for your situation. If it were me, I would find a way to move. Perhaps your landlord would consider allowing you to move into another comparable apartment in the same building? That way, you are not breaking your lease; instead, you are simply asking for a more livable unit. If he does not agree to allow this then perhaps you would have some legal recourse to break your lease under these extreme circumstances.
Best of luck! -Suzanne

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E.N.

answers from San Diego on

Hi L.,
I'm so sorry-This is such a tough one..The other suggestions sound pretty much like your only options. The only other thing I would suggest is to find some flyers or pictures online of what lungs look like when abused by a smoker. These pictures are disturbing- showing black and bloody lungs. Maybe you could print them out some literature that could start them thinking about their own health. And then hopefully it could dawn on them what they're doing to those around them. If they keep up doing what they're doing tell them that you don't want to see your neighbors get cancer one day. (There are free smoking cesation classes offered at almost every hospital around here.) If you give them this information face to face they would hopefully see that you care about their health and should take it easily. Otherwise give them the information anonymously.
And start saving to move eventually...
Best of luck to you my friend.

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M.V.

answers from Honolulu on

You can get 24 hour free legal information in the city of San Diego by visiting this website.

http://www.tenantslegalcenter.com/

Just look down on the left hand side of the website under "LEGAL SERVICES."

The web page it takes you to looks something like this:

RENTERS LAW LINE
###-###-####

24 HOUR FREE
INFORMATION LINE
(We don't charge anything to use the Law Line, but telephone company long distance/toll charges may apply.)

This is a user interactive automated legal information help line. The information contained in the Law Line was written by Attorneys who practice Landlord-Tenant Law (in San Diego, California) on a daily basis. Using your touch-tone phone, you may access many areas of Landlord-Tenant Law. There is no limit to the number of times you may call and no limit to the time that you make use of the service.

Understanding your rights (or obligations) as a tenant is very important. Knowing what to do, or what not to do, in Landlord Tenant disputes is critical. Such knowledge can make the difference between having a secure home and facing the threat of losing one.

The Renters Law Line is proudly sponsored by The Tenants Legal Center of San Diego as a public service.

At the bottom right hand side after reading the above info you will see a "contact us" option, which is how you could contact them by email.

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K.S.

answers from San Diego on

Hi L.,
We had this exact same thing happen to us. Neighbors would come outside to smoke and fill my living room with smoke. I was hesitant to confront them, but finally had to and they were VERY cool about not doing it anymore. They totally understood as they didn't want to smoke in their own house either.
I would just kindly ask them if they wouldn't mind doing it somewhere else and that you have a 6 month old that would also appreciate it.
Good luck!
K.

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D.M.

answers from Los Angeles on

I had to respond to this just so I could commiserate with someone else. It's so hard on these hot nights not to have the windows open. I put a fan in my window to cool off my stifling bedroom and my neighbour comes out on his patio and smokes every night. I come into my room and find it full of smoke. Sometimes they get up in the middle of the night (2 am)and come out to smoke. Since I own my own home there is no chance for me to move. The problem with moving is that you may just run into more smokers at a new appartment. If I were you I would try to get your land lord's empathy. If you can get him to sympathize then perhaps he may move you into another appartment where he knows that your neighbours don't smoke. Be sweet and plead the baby's health. If you do find that there is any legal recourse against second hand smoke coming from the out doors please let me know. I am sorry your baby has to live with this and I hope you find a way to make it better.

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T.B.

answers from Los Angeles on

I HATE cigarette smoke! Clean air is your right. Under your circumstances, I would have to tell my neighbors respectfully of my concerns, which would be a long list and try to work out some type of compromise. The first two years of your child exposed to 2nd hand smoke is the worse for her later.

In the meantime, maybe you can try some things that might help like more plants inside your house. Plants can help clean the air of excess carbon dioxide.

And air purifiers to help remove contaminants in the air.

I wish you the best for you and your boo.

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