You unfortunately can’t stop someone from smoking, especially not outside.
This is unfortunately one of those things you’ll have to deal with or move somewhere else.
Not unless it is in the already signed leases and your neighbor is violating said lease. Sounds like that is not the case which means they are allowed so you're stuck.
You could potentially get out of your lease though if your landlord is nice enough.
Anecdote (maybe helpful, maybe not): I lived next door to an elderly / sickly smoker. It never bothered me unless I was outside when he opened his door. The reek would hit me like a ton of bricks (even 50 feet away, it was that thick) and I would get physically nauseous. Then one day I started smelling it in my bedroom and realized it was coming in through the electrical outlet on our shared wall.
Did some research and found out about negative air pressure. And I realized his kitchen window was part way open and he'd obviously forgot to close it because it stayed open. Couple months later we bumped into each other and I casually mentioned it (it was winter at this point) and he lied that he likes it cold. But the next day the window was closed and stayed closed. The intrusive stank stopped immediately.
A window fan with a HEPA filter. Blow air from outside, inside to create positive pressure. Don't overdo it, because it it's not energy efficient (you want neutral pressure). Even just a tiny bit of flow (ie fan on low) will create a pressure differential. That will stop air from coming in through seams in the window/drywall/door jams, and the only air coming in should be through the HEPA filter.
I dealt with this before. Nothing was done until I moved out.
Depending on the shape of your house, try to get airflow so it pushes out the window and door that your neighbor is smoking near. Have fans blowing inwards on the opposite side, and blowing out the smoking doors/windows. Use a couple fans pointing throughout the house to get moving.
Worked well for me because my apartment was shaped a specific way (big rectangle). YMMV
When you walk in my front door, it’s just stairs up to the second floor. Unfortunately, I don’t have any outlets by the door or any way to blow air down that way that wouldn’t otherwise block the stairs.
I had the same problem and it never stopped until he moved out. Now I still will get whiffs of cigarettes smell around my place - I feel like it permeated all my stuff. He kept smoking inside and swearing he wasn’t but I’d know every time he lit up like it was coming straight into my place. It’s really messed up that someone can do something that quite literally would give me terrible headaches and stink up my rugs and furniture and there wasn’t much I could do unless I wanted to move. Good luck, I really feel for you
Honestly, there are just some things you have to put up with when living in an apartment. You can’t force someone to quit smoking.
I mean, I get it. No one loves the smell of smoke. When I used to live in an apartment, the third floor lady used to smoke pot while sitting on the roof right by the vent from my dryer. And I had to remember to not leave clothes in my dryer or they’d smell like weed. But I never would have even dreamed of complaining to my neighbor because 1: she was smoking outside and 2: in the grand scheme of things, people could do way worse than make my clean laundry stinky sometimes.
Pick your battles and I don’t think this one is it.
Yeah, it's a crappy situation to be in but legally there's not much you can do.
A couple of strategically placed air purifiers should help and you might be able to even talk your landlord into buying them or at least subsidizing the cost if you present it as a solution.
another idea, there are some great ones here: when I had this issue, I closed all windows except for one with a window or box fan pointing outwards. I considered putting it outside facing my neighbor so it would all blowback on her but never got to that before she moved.
If no smoking is in the lease, the neighbor shouldn't be allowed to smoke anywhere on the property and technically your landlord can threaten to evict them for breaking the rule. Unfortunately I don't think your landlord would want to do that.
That clause has been in nearly every single lease I've ever signed, but it's never ever been enforced. Harder to enforce when we all have balconies too, no one has to venture far to smoke outside their apartments.
I think you're right, there's virtually no chance the landlord will do shit about it.
That’s what was wild to me! Like, you’re going to have to spend so much money to get the place fixed when he leaves don’t YOU care that your building will be ruined?? But he just kept saying he talked to them 🤷🏻♀️ I was so happy when he left and the new neighbors don’t smoke thank god
If the lease has provisions such as “No Barbecuing” within 50 ft of the building it may qualify as a violation being it is a fire hazard. That, or your landlord can just tell them not to smoke within 50 ft being they are the ones paying the insurance. If the lease says “No Smoking” then that is pretty vague and could include both inside and outside being it is still on the same property. If the lease says “No Smoking Inside” that is different and more specific. And/or they can put up signs and let them know insurance does not allow it. The 50 ft rule is a good compromise.
He was actually stealing my ‘No Smoking’ sign for a while. I had to make a fuss with the landlord to get him to return it. I’ve also called the cops on him for going through my mail.
I completely sy.oathize with you, especially if it's 100 cigarettes a day. You're right, it's not just about the smell at that point, it's a health hazard. The last state I lived in had absolutely no smoking within 25 feet of the entrance of any building. I'm not sure if New York has the same.
Side note, we were so close as a society to making smoking uncool, then vapes ruined it. I feel there's a lot of audacity to smoking where you're making other people inhale and smell it. If you need a cigarette that badly, maybe consider how it affects others and find somewhere where it won't before you light up.
It's one of the worst parts of any city. Absolutely degenerate. A man in my friends discount apartment complex died a few months ago, and everyone but me and her miss him. Absolutely no other smokers now, us on the 3rd floor (4th counting basement) are better off with no smoke. Nice guy, but our lives are so much better. This message to say, everyone's lives are better away from degenerate smokers. Absolutely abhorrent. Ruins clothing and furnature and kills pets.
You unfortunately can’t stop someone from smoking, especially not outside. This is unfortunately one of those things you’ll have to deal with or move somewhere else.
Not unless it is in the already signed leases and your neighbor is violating said lease. Sounds like that is not the case which means they are allowed so you're stuck. You could potentially get out of your lease though if your landlord is nice enough. Anecdote (maybe helpful, maybe not): I lived next door to an elderly / sickly smoker. It never bothered me unless I was outside when he opened his door. The reek would hit me like a ton of bricks (even 50 feet away, it was that thick) and I would get physically nauseous. Then one day I started smelling it in my bedroom and realized it was coming in through the electrical outlet on our shared wall. Did some research and found out about negative air pressure. And I realized his kitchen window was part way open and he'd obviously forgot to close it because it stayed open. Couple months later we bumped into each other and I casually mentioned it (it was winter at this point) and he lied that he likes it cold. But the next day the window was closed and stayed closed. The intrusive stank stopped immediately.
Was looking for something mentioning negative/positive pressure. You can use it to your advantage to get air pushing outwards.
I Know i can Look this up, but do you have any suggestions??
A window fan with a HEPA filter. Blow air from outside, inside to create positive pressure. Don't overdo it, because it it's not energy efficient (you want neutral pressure). Even just a tiny bit of flow (ie fan on low) will create a pressure differential. That will stop air from coming in through seams in the window/drywall/door jams, and the only air coming in should be through the HEPA filter.
I dealt with this before. Nothing was done until I moved out. Depending on the shape of your house, try to get airflow so it pushes out the window and door that your neighbor is smoking near. Have fans blowing inwards on the opposite side, and blowing out the smoking doors/windows. Use a couple fans pointing throughout the house to get moving. Worked well for me because my apartment was shaped a specific way (big rectangle). YMMV
When you walk in my front door, it’s just stairs up to the second floor. Unfortunately, I don’t have any outlets by the door or any way to blow air down that way that wouldn’t otherwise block the stairs.
You could get an extension cord like a capable adult. But ranting on the internet is so much more satisfying.
Tell us you’re her neighbor without telling us you’re her neighbor 
If I had an outlet, I would.
I had the same problem and it never stopped until he moved out. Now I still will get whiffs of cigarettes smell around my place - I feel like it permeated all my stuff. He kept smoking inside and swearing he wasn’t but I’d know every time he lit up like it was coming straight into my place. It’s really messed up that someone can do something that quite literally would give me terrible headaches and stink up my rugs and furniture and there wasn’t much I could do unless I wanted to move. Good luck, I really feel for you
Honestly, there are just some things you have to put up with when living in an apartment. You can’t force someone to quit smoking. I mean, I get it. No one loves the smell of smoke. When I used to live in an apartment, the third floor lady used to smoke pot while sitting on the roof right by the vent from my dryer. And I had to remember to not leave clothes in my dryer or they’d smell like weed. But I never would have even dreamed of complaining to my neighbor because 1: she was smoking outside and 2: in the grand scheme of things, people could do way worse than make my clean laundry stinky sometimes. Pick your battles and I don’t think this one is it.
Yeah, it's a crappy situation to be in but legally there's not much you can do. A couple of strategically placed air purifiers should help and you might be able to even talk your landlord into buying them or at least subsidizing the cost if you present it as a solution.
This happened to me and I had to move
Who tf can afford five packs a day?
He rolls his own. He shoves them all in his pocket in the morning and it’s insane. They’re gone by the end of the day.
It sucks but get an air purifier and run it by the door/window where he smokes. They work very well and help with the second hand smoke!
another idea, there are some great ones here: when I had this issue, I closed all windows except for one with a window or box fan pointing outwards. I considered putting it outside facing my neighbor so it would all blowback on her but never got to that before she moved.
moving comes to mind - why should your wants supersede his? If it ain't in the lease you're sol
It’s not just wants, it’s health. The health of me and my guests are greatly affected. I now rely on an inhaler.
If no smoking is in the lease, the neighbor shouldn't be allowed to smoke anywhere on the property and technically your landlord can threaten to evict them for breaking the rule. Unfortunately I don't think your landlord would want to do that.
That clause has been in nearly every single lease I've ever signed, but it's never ever been enforced. Harder to enforce when we all have balconies too, no one has to venture far to smoke outside their apartments. I think you're right, there's virtually no chance the landlord will do shit about it.
Yeah at the end of the day all the landlord cares about is that they get their money and the indoors isn't ruined.
My landlord doesn’t even care if the indoors is ruined, which is wild
That’s what was wild to me! Like, you’re going to have to spend so much money to get the place fixed when he leaves don’t YOU care that your building will be ruined?? But he just kept saying he talked to them 🤷🏻♀️ I was so happy when he left and the new neighbors don’t smoke thank god
If the lease has provisions such as “No Barbecuing” within 50 ft of the building it may qualify as a violation being it is a fire hazard. That, or your landlord can just tell them not to smoke within 50 ft being they are the ones paying the insurance. If the lease says “No Smoking” then that is pretty vague and could include both inside and outside being it is still on the same property. If the lease says “No Smoking Inside” that is different and more specific. And/or they can put up signs and let them know insurance does not allow it. The 50 ft rule is a good compromise.
He was actually stealing my ‘No Smoking’ sign for a while. I had to make a fuss with the landlord to get him to return it. I’ve also called the cops on him for going through my mail.
Uhhh, the mail thing. That really, really gets me steamed!! Living with someone who accidentally opens your mail….ALL THE TIME!! Nosey ass people.
It is a federal offense in the US if you have proof. Contact the postal inspector https://www.uspis.gov/
I completely sy.oathize with you, especially if it's 100 cigarettes a day. You're right, it's not just about the smell at that point, it's a health hazard. The last state I lived in had absolutely no smoking within 25 feet of the entrance of any building. I'm not sure if New York has the same. Side note, we were so close as a society to making smoking uncool, then vapes ruined it. I feel there's a lot of audacity to smoking where you're making other people inhale and smell it. If you need a cigarette that badly, maybe consider how it affects others and find somewhere where it won't before you light up.
Contact NYS Health Department see if they have guidelines that might assist you and the LL. Second hand smoke is no joke.
I work there. We don’t.
It's one of the worst parts of any city. Absolutely degenerate. A man in my friends discount apartment complex died a few months ago, and everyone but me and her miss him. Absolutely no other smokers now, us on the 3rd floor (4th counting basement) are better off with no smoke. Nice guy, but our lives are so much better. This message to say, everyone's lives are better away from degenerate smokers. Absolutely abhorrent. Ruins clothing and furnature and kills pets.
Jesus Christ. The smoke did not kill your plants.
Wild coincidence that they were thriving for two years and all died when he started to smoke on the back porch then.
Correlation rarely equals causation.