Q.My upstairs neighbor is a smoker. As a result, my apartment reeks. I contacted my landlord about this and he said that he would speak with my neighbor, but he has not. Is there some kind of law protecting my right to breathe clean air? Is there a law that the landlord must do something to fix the ventilation system? If not, can I terminate my lease early?

A. Not every problem has a satisfactory solution. There is no clean air law covering this situation. No law prevents a tenant from smoking inside his unit.

In fact, the Chicago Indoor Clean Air Ordinance specifically permits tenants to smoke inside their own units, but not in the common areas or near the outside doors.

The landlord has no specific nuisance enforcement obligation regarding cigarette smoking in other units.

No law requires the improvement, isolation or sealing of the ventilation system to prevent tobacco smoke migration inside a residential structure beyond standard ventilation code specifications.

Breaking the lease under your situation is theoretically possible. You could claim that the landlord was knowingly allowing conditions to persist that render your unit not fit, livable or habitable. This is a form of "constructive eviction."

To force an accommodation, such as repairs, relocating, or termination based on health claims, you will need doctors' statements on the condition and your requirements for reasonable accommodations. Your claims will have to be on the basis of disability discrimination under the federal Fair Housing Act and maybe the Americans With Disabilities Act. Unless you have something like asthma or emphysema, there will be very difficult legal hurdles.

The cost of accommodations has to be "reasonable," an indeterminate amount. All accommodation requests must be in writing to the landlord and provide a fair time for compliance. Contact a group such as Access Living (312-640-2100) for more information. If you are not certified with a disability or medical condition, you are not protected under these housing laws.

Another expensive and chancy act is to file a common law nuisance suit in Chancery Court to obtain an injunction to stop the smoke.

You also could sue the landlord and neighbor for the smoke damage which you are sustaining to personal property, and for unit value reduction, meaning reimbursement for past rent overpayment based on the diminished rental value because of the smoke. You also would seek future rent reduction from the landlord or future compensation from the neighbor to cover the difference between reduced value and the lease rent. This all would be an uphill battle in court.

Write mediator Ed Sacks at Apartment Watch, Homelife, Chicago Sun-Times, 350 N. Orleans, Chicago, IL 60654, or e-mail apartmentwatch@earthlink.net.