Drifting tobacco smoke can be more than just a nuisance.  It causes the same types of diseases in nonsmokers as it does in active smokers.  The latest Surgeon General's report reaffirms that there is no safe level of exposure to tobacco smoke.  Tobacco smoke causes more lung cancer than all other regulated pollutants and is a significant source of indoor air pollution.  It doesn’t take a lot of people smoking to generate a significant amount of pollution.  In multi unit dwellings that share common walls, drifting tobacco smoke can be a serious health concern for many tenants. 

If you are dealing with a neighbor’s drifting tobacco smoke, you should know that you may have the right to protect yourself.  The first steps to any resolution are to make sure the landlord and neighbor are aware of the problem.  Providing educational materials to your landlord and neighbors on the health risks associated with tobacco smoke pollution along with your written compliant will greatly enhance the likelihood that your concerns will be taken seriously.   Review your lease agreement or home owners’ association regulation to see what additional rights and protection you may have.  

If informal attempts to resolve the dispute are unsuccessful, getting legal assistance may be your next step.  WV common law theories that may be available to tenants include: breach of covenant of quiet enjoyment, negligence, nuisance, and breach of warranty of habitability, battery, intentional infliction of emotional distress and trespassing.  For complete information on dealing with tobacco smoke intrusion click on Dealing With Nuisances in WV.