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We're in a similar position. We have upstairs neighbours who smoke. They're retired so are home all day and smoke with the door to the Juliet balcony open. LOs room is directly below, so I can't have her window open or it reeks of cigarette smoke. So frustrating!

No idea what to do about it though!

I would take this to management. Are there specific rules regarding smoking?

I have this issue with my neighbors too, but we're in a completely separate house (we own) and they're in their backyard, so we can't really tell them NOT to smoke in their own backyard! The scent sometimes creeps into our house when the slider is open (of course, I'm pregnant so I can smell this miles away!) so we just shut our door and I avoid going out in the backyard if possible.

If I had management I could go to, I would! Definitely talk to management.

The sad thing is, they're constantly smoking and they have 4 kids.. all between the ages of 3-7 always outside with them

I wouldn't go to them, I'd go to management, because you have a right to breathe clean air. They need to mediate the situation and/or move you (or them) to another unit.

I agree with going to management and I hope the girls are understanding and compliant! It's not exactly out of bounds for you to dislike the cigarette smoke/smell anyway. We had a similar situation except we have a restaurant below our apartment and the employees were always smoking right under our window. DH talked to the manager and he must have told them to stop smoking there because it's been fine ever since. I hope you get the same outcome!

We have had the same issues with our apartment neighbors. We asked them nicely not to smoke on their balcony because the smell filled our apartment. Our apartment allows smoking in the units, so we were just asking them to step inside. Our neighbor (not so politely) ignored our request. We went to management and as it turns out they consider private patios “public area” and our apartment has a no-smoking rule in all public areas of the building. So, they contacted the tenant letting them no they were breaking the rules of the lease. The smoking stopped after a couple of repeated notices.
You might get lucky in that even if your state/county allows the smoking the apartment manager/owner may not!

We are in the exact same situation. Our apartment is "non smoking' but at least half the tenants smoke on their balconies. The lady that lives below is smokes as well. Since balconies are enclosed she would have to walk all the way down to the garage and then outside to smoke somewhere that wouldn't drift up to our balcony/livingroom/J's room. It sucks to live near her but I feel helpless. She is a nasty lady and I know she would never cease smoking just cause I ask. I also know she is well within her rights to smoke because its not inside the apartment. It sucks because the entire first floor of apartments smell like smoke, even though this is a non smoking apartment! Ugh. Such a double standard. I really wish the landlord would only let non smokers live here- there are a lot of families here!

So no advice- because we (unfortunately) just deal with it. Good luck... I do think you might have better success going to the girls directly, and if they resist, then go to management.

@sarac: @kjpugs: But the warranty of habitability does exist everywhere:
warranty of habitability: A promise that goes with the rental of residential property that it will be fit for people to live in (habitation), including working plumbing and electrical systems, locking doors and windows, watertight roof, and other health and safety conditions. This promise is part of the law, even if the landlord does not include it in the lease or rental agreement.

@deerylou: What does the lease say in regards to you and the enjoyment within your unit? Does it mention anything about nuisances or habitability? Do these girls only smoke outside or inside as well (despite not being allowed to)?

@deerylou: I would latch onto that phrase/provision. Contact management. Acknowledge the fact that they're permitted to smoke outside but you're also permitted to have quality of life INSIDE your unit. To the extent their actions are affecting that, something should be done. There is nothing you can do to change things, only what the neighbors can do (smoke elsewhere - anything not below your window). I would also mention you're pregnant so it's a health issue as well.

I agree with @Mrs. Lemon-Lime: we had this issue in our old apartment, we were about to complain to management but someone beat us to it, and the management put letters under everyones doors not to smoke in certain outdoor spaces

@deerylou: I thought your letter was extremely polite, friendly, and your request totally reasonable. When I lived in an apt, our neighbors below us smoked constantly and our entire place reeked all the time. It was really upsetting and I didn't even have a kid. I'm . sorry they chose to disregard your request and hope your landlord will be able to help you out.

I'm sorry it seems they totally blew you off, it really would have been easier on everyone if they at least came to talk to you. Since it states that smoking on decks is allowed in the lease, I'm not sure that management could do anything about it, I'd try to go through them still though. What a pain!

@deerylou: Awww I'm really sorry that they totally ignored your letter. I would talk to the landlord to see if there is anything that can be done. In the meantime, can you buy one of those ionic air filter things?

I hate to be a debbie downer here but I complained to management about my neighbors smoking on our balcony right in front of my only window, years ago (it was a big shared balcony), and the neighbors responded by vandalizing my car. Apparently the management told them who complained.