Managing Secondhand Smoke in Your Illinois Residence

Do you have a problem with secondhand smoking in your Illinois apartment or condo? Discover your alternatives here.

Living in an apartment or condo complex in Illinois is frequently difficult, particularly when your neighbors’ behaviors interfere with your life in undesirable ways. Secondhand smoking, like loud neighbors, is becoming a typical tenant concern. Whether you have a respiratory condition like asthma, are concerned about the health effects of secondhand smoke (especially if you have children at home), or simply don’t like the smell of cigarette smoke wafting into your apartment, there are steps you can take to try to limit or eliminate your neighbors’ smoking.

The law may be on your side depending on where you reside in Illinois. Smoking is prohibited in all state dorms, and several counties have implemented smoke-free rules for public housing. However, in private homes, the landlord, not the government, determines the smoking policy. You have several alternatives for coping with secondhand smoke, notably cigarette smoke, regardless of where you live in Illinois.

Examine Your Lease or Rental Contract

As nonsmoking rules grow more popular (for example, in the workplace; see 410 Ill. Comp. Stat. 82/1 and following; 820 Ill. Comp. Stat. 55/5), an increasing number of landlords ban smoking entirely in their rental apartments or limit smoking to communal spaces.

If you’re worried about secondhand smoke, one of the first things you should do is go through your lease’s smoking regulations. Whether your lease does not mention a smoking policy, ask your landlord if one exists. If the landlord has a policy, get it in writing and include it as part of your lease.

Whether you reside in a condo, you should also check with your homeowners’ organization (HOA) to determine if your building or common spaces have smoking restrictions. Check the lease (or CC&Rs, if a HOA) for rules dealing with nuisances, since secondhand smoking might be deemed a legal nuisance in certain cases.

Check your state’s nonsmoking laws.

Currently, there is no statewide regulation forbidding smoking in private residential units such as apartments and condominiums in Illinois. Individual landlords must determine whether or not to establish a smoking policy and limits. Landlords may either ban smoking entirely in an apartment or condo building or limit smoking to certain locations. Because there is no legal right to smoke, landlords may implement whatever smoking policy they desire. Both Chicago and McLean County provide online databases of smoke-free housing options in their respective areas.

If you live in public housing or university housing, smoking in your apartment or shared spaces is more likely to be restricted or prohibited. In reality, smoking is illegal in all dorms in Illinois (410 Ill. Comp. Stat. 82/25). Many counties in Illinois, including Cook and Pike, have also implemented smoke-free public housing rules.

Visit the American Nonsmokers’ Rights Foundation to determine whether your city or county has a legislation forbidding or regulating smoking in public places; this group also provides substantial resources for renters worried about secondhand smoke (as well as information on e-cigarettes and vaping). To find out whether your institution is tobacco or smoke free, go to the Tobacco Free College Campus Initiative.

Speak with Your Landlord

If you discover that your agreement or a local law forbids or limits smoking in rental properties, you should first discuss the problem with your landlord. If other tenants are harmed by secondhand smoking, check if they would join you in informing the landlord of your concerns. You should clarify the lease rules or regulations to your landlord and request that they be enforced in order to persuade the infringing neighbor to cease smoking. You may feel better at ease writing a letter or sending an email to your landlord than conversing face to face. Putting your findings in writing and asking for realistic answers may frequently solve the situation. Keep copies of any letters, emails, and notes from meetings with your landlord in case you need them in the future.

Remember to be courteous while communicating with your landlord. Explain your worries and difficulties with secondhand smoke, as well as the exact lease agreement or statute that forbids or limits smoking in your apartment building or condo complex. Give some possible solutions to the situation (such as fixing cracks in the walls or repairing faulty vents that allow smoke to drift into your home from a neighboring apartment). Please give your contact information so that the landlord may further discuss the situation with you.

Even if you have not discovered a lease term or local legislation that forbids or limits smoking on the rental property, you (and any other concerned renters) should contact your landlord, particularly if your health (or the health of another family member) is jeopardized by secondhand smoking. Maybe you can assist your landlord in establishing a smoking policy in your apartment complex. You may be able to find an acceptable solution, such as banning smoking to certain places. The American Lung Association website has a wealth of material that will assist you make your case; for example, read Smokefree Policies in Multi-Unit Housing – Steps for Success.

Your Legal Options Regarding Secondhand Smoking

If you are unable to reach an agreement with your landlord and the secondhand smoke is interfering with your life or impacting your health, you should consider moving out. Depending on the circumstances, you may be able to break your lease due to the health risks of secondhand smoking.

Depending on the severity of the situation, you may want to consider filing a lawsuit against the landlord. You may be able to assert that the secondhand smoke is a nuisance or interferes with your right to peaceful enjoyment of the rental property. Keep in mind, however, that without laws on your side, these claims will be tough to win. If you live in a condo or an apartment, the Respiratory Health Association offers some advice on how to claim secondhand smoking as a nuisance.

If you merely wish to sue for monetary losses (such as dry cleaning or medical expenditures due to secondhand smoking), you might file a complaint in small claims court. In Illinois, you may suit in small claims court for up to $10,000.

Remember that these types of cases may be expensive, time-consuming, and destructive to relationships. Before deciding to litigate, you should contact with a lawyer and assess if the hassle is worth it.

E-Cigarettes

E-cigarettes are personal vaporizers that emit liquid nicotine or other liquids and oils that the user inhales. The use of e-cigarettes is often referred to as vaping. Although Illinois state law does not include e-cigarettes in the definition of tobacco products, numerous towns and villages throughout the state, including Chicago, East Peoria, and Skokie Village, have opted to prohibit e-cigarettes in the same manner that other tobacco products are prohibited. All rules that apply to cigarettes or other tobacco products in these municipalities now apply to e-cigarettes as well.