I live in an apartment above a heavy smoker, and it simply rises into my apartment. I have asthma, and it's certainly makes me ill. In addition, my apartment smells like I am a heavy smoker. Now you tell me, since I don't choose to smoke, what the solution is? It's either 1. He goes, or 2. The landlord releases me from my lease. Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc. I agree with you, but as a last resort, I'd move because of your health Both of my daughters got married within the last 18 months, and the receptions were non-smoking. The chain smokers were free to go outside in the beautiful evening, and the rest of us enjoyed clean air inside.