Answer: While you can sue the landlord and tenant for breach of the use and quiet enjoyment, your previous communications indicated that you did not want to sue the landlord. Also, while it is a nuisance, your case would be much stronger if you have an allergy or developed illness from the smoke.
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Depending on your lease, you might be able to sue the landlord, for breach of use and quiet enjoyment of your tenancy, and nuisance as my colleague indicates. Call an attorney, provide all of the specific facts relative to your matter, a copy of your lease, as well as your current health situation, to see what else you can do.
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