If it is in yours then likely it is in theirs as well.If it doesn't say in yours then likely it's not in theirs.I can't give legal advice but rather than suffer in silence I would call the landlord and explain you have sensitive lungs and cannot be inhaling in second hand smoke.Second hand smoke is actually MORE DANGEROUS than first hand smoke.The reason is the person smoking the cigarette has a filter before inhaling in and the second hand smoker breathes all the smoke in without a filter.Today's cigarettes are pumped full of chemicals because it is cheaper to make and the burn is faster.The faster the burn the more people will smoke and buy that next pack with a huge mark up.Back in the day smoking was almost all pure tobacco but it is so expensive they use chemicals and very little tobacco today.So in short don't put up with it.

Filling ashtrays with cat litter may also help eradicate the smell.When it comes to tobacco smoke, professional services are almost always required, and even they do not possess some magical potion or technique that will do the job in one fell swoop.

This thread should give you some help:http://www.biggerpockets.com/forums/67/topics/78889-smoker-rehab-keys-to-success-with-tobacco-smoke--before-after-pics

try reading this related thread:http://www.biggerpockets.com/forums/67/topics/78889-smoker-rehab-keys-to-success-with-tobacco-smoke--before-after-pics

I work in tobacco cessation:)If you  are going to rent to him, don't do it based on him saying he's going to quit.

But I would be more interested in buying a tobacco farm as their cigars are still world class.However, I doubt if we will see that in my life time.

Alcohol, tobacco , and Drug companies are running scared . 70 years of lies crumbling right before our eyes.  

Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form. [2] “Electronic Smoking Device” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product.

They are big burly guys that smell like diesel fuel, drive jacked up 4x4s, have neck tats and chew tobacco for breakfast. 

Big burly guys that smell like diesel fuel, drive jacked up 4x4s, chew tobacco for breakfast and have neck tats.