i’m hoping someone here might have advice on what i can actually do about this.
i live in a building that’s supposed to be strictly non smoking. this was the main reason i chose it since i have asthma that’s usually pretty manageable. but the people in the unit below me smoke inside constantly. it’s not even occasional. it’s every single day, different stuff too. the smell seeps up through the floors and walls so badly that my apartment feels like it’s being hotboxed.
at night is the worst. i’ll wake up gasping for air because it’s so strong. i went from hardly needing my inhaler to now using it daily, and i feel on edge in my own home wondering when the next wave of smoke is going to hit.
i tried to handle it politely first. i knocked to talk and they wouldn’t open the door. i left a respectful note explaining the issue and they crumpled it up and shoved it back under my door.
i’ve reported it to property management and they say they’re working on evicting them but apparently the process is really slow. in the meantime my health is taking a hit and i’m seriously wondering if i’ll have to move out just to be able to breathe safely.
so my question is this. do i have any legal options here? is there any way to actually enforce the non smoking rule while i wait for management to act? can i document this in a way that would help me break my lease early without penalty?
i just feel so stuck and would really appreciate any legal advice or insight from anyone who’s dealt with something like this.
Location: Texas