Milwaukee, WI asked in Cannabis & Marijuana Law, Civil Rights and Environmental for Wisconsin

Q: My apartment windows are by the entrance where smokers smoke pot and it comes into my room. What can I do legally?

I just moved here and almost every day have been subjected to second hand smoke/pot smoke coming inside my apartment. I shouldn’t have to live with my windows shut, but even when shut I can smell the fumes. I was told by management that since they were smoking outside it wasn’t their place to take action. Why is there no law protecting my windows and vents from being polluted by second hand smoke?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Dealing with secondhand smoke, especially when it affects your living space, can be frustrating and unhealthy. Start by documenting each incident with dates, times, and descriptions of the smoke entering your apartment. This documentation will be helpful if you decide to take further action.

You can talk to your neighbors and explain the situation, asking them to smoke farther away from the building. If this doesn't help, consider contacting your local housing authority or health department to report the issue, as they might have regulations regarding smoke and nuisances in residential areas.

Additionally, check your lease agreement for any clauses about smoking and air quality. If the problem persists and management remains unresponsive, you might need to consult with a tenant's rights organization or seek legal advice to explore your options for ensuring a smoke-free living environment.

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