Our downstairs neighbor smokes constantly

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Old Feb 14th, 2011, 10:54 PM   #1
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Default Our downstairs neighbor smokes constantly

Recently I moved into a second story apartment. Our downstairs neighbor smokes constantly on her enclosed balcony. The smoke rises and if any doors or windows are open in my apartment it quickly fills with her smoke and noxious fumes. I find this offensive and disturbing. She refuses to smoke in her own apartment because the smoke is bad for her 2 children to breath in and it makes her own apartment stink. So why is it fair that I should have to keep closed up tight so she can have her dirty habit not disturb her children or her space? I approached my landlord and he claims they encourage tenants to smoke outside as to not ruin the apartments. I think that this is total disregard for myself and my children that have to stay shut in or deal with her disgusting bad habit. Isn't the landlord responsible to keep a safe, habitable environment for their tenants? It's a health hazard to breath in her second hand smoke just because she doesn't want her own kids to inhale it. Please help me. Thanks, Gaetana Wurtzel, Coral Springs, Florida
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Old Feb 14th, 2011, 11:57 PM   #2
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Default Re: Our downstairs neighbor smokes constantly

First of all let me remind you both LL and Tenant have rights and responsibilities each other. As you said it is the duty of the LL to provide a clean, health y and habitable environment for his/her tenants. If the lease agreement prohibits smoking in the apartment, then your LL can very well ask that tenant to stop smoking as it is causing disturbance to other tenants and if she doesn’t stop smoking then the LL can ask that tenant to quit the apartment.Even if the lease does not prohibit smoking, the landlord may have grounds to evict the smoking tenant if the cigarette smoke is truly troublesome and interferes with your ability to enjoy living in your own apartment unit. All tenants enjoy the right to "quiet enjoyment," a quaint-sounding legal principle that gives tenants the right to occupy their apartments in peace and also imposes upon them the responsibility of not disturbing their neighbors. You can give a written complaint to your LL pointing out the consequences suffered from such second hand smoke.It seems that if your LL is not taking any action then you can complaint to the health department in your county.

Last edited by Lexus; Feb 15th, 2011 at 12:17 AM.
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Old Feb 15th, 2011, 12:28 PM   #3
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Default Re: Our downstairs neighbor smokes constantly

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Recently I moved into a second story apartment. Our downstairs neighbor smokes constantly on her enclosed balcony. The smoke rises and if any doors or windows are open in my apartment it quickly fills with her smoke and noxious fumes. I find this offensive and disturbing. She refuses to smoke in her own apartment because the smoke is bad for her 2 children to breath in and it makes her own apartment stink. So why is it fair that I should have to keep closed up tight so she can have her dirty habit not disturb her children or her space? I approached my landlord and he claims they encourage tenants to smoke outside as to not ruin the apartments. I think that this is total disregard for myself and my children that have to stay shut in or deal with her disgusting bad habit. Isn't the landlord responsible to keep a safe, habitable environment for their tenants? It's a health hazard to breath in her second hand smoke just because she doesn't want her own kids to inhale it. Please help me. Thanks, Gaetana Wurtzel, Coral Springs, Florida
You should have thought of that before you moved in. The tenant above you is free to smoke outside if she wants to as long as the landlord has given permission for her to smoke on the premises.

It's not "total disregard" for you and your children. You should move if this bothers you that much.

Your option is to move or keep your windows closed. This is not your neighbor's problem nor is it your landlord's. You chose to live there.

"just because she doesn't want her own kids to inhale it". I think that's a pretty responsible thing for a parent to do.

Why are your children in the house so much?
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Old Feb 16th, 2011, 01:59 AM   #4
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Smile Re: Our downstairs neighbor smokes constantly

Smile and recommend Electronic Cigarettes to your neighbor. The video she might like...



Electric Cigarette, Electronic E Cigarette | Green Smoke?
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Old Jun 12th, 2011, 07:26 PM   #5
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Default Re: Our downstairs neighbor smokes constantly

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You should have thought of that before you moved in. The tenant above you is free to smoke outside if she wants to as long as the landlord has given permission for her to smoke on the premises.

It's not "total disregard" for you and your children. You should move if this bothers you that much.

Your option is to move or keep your windows closed. This is not your neighbor's problem nor is it your landlord's. You chose to live there.

"just because she doesn't want her own kids to inhale it". I think that's a pretty responsible thing for a parent to do.

Why are your children in the house so much?

I guess you must be a smoker. Why should she move she is not the one with the habit. If the smoke is rising up to her apartment she has the right to complain and the one causing the problem should stop smoking on her balcony or move.
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Old Jun 12th, 2011, 10:32 PM   #6
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I guess you must be a smoker. Why should she move she is not the one with the habit. If the smoke is rising up to her apartment she has the right to complain and the one causing the problem should stop smoking on her balcony or move.
Apparently, you did not take the time to read the (old) original post authored by the OP.

The OP "recently moved into" the unit in the building the smoker already resides in. She had ample opportunity to ask the landlord if it was a smoking or non-smoking building.

Further, unless she has no sense of smell, one would think she'd have clearly picked up on the strong odor of cigarette smoke.

She did neither and chose to move in anyway. Now she's complaining.

You'd be wise to not assume someone is a smoker merely by their answer.
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Old Aug 31st, 2011, 01:13 AM   #7
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Default Re: Our downstairs neighbor smokes constantly

I think that you might have two options. Request her not to smoke in the balcony that smoke is also bad for others in the apartment. Try to choose her electronic cigarette or some other place in her apartment where there is no entry for her children's and that smoke will do not trouble others. If she do not listen and smoking in balcony is troubling you too much you can change that apartment and try to choose best place where smoking is not allowed.
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Old Aug 31st, 2011, 02:49 PM   #8
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Default Re: Our downstairs neighbor smokes constantly

Google "second hand smoke."

Are the units non-smoking? Does it say so in the leases? Are all the leases the same? Are all the units smoking or non-smoking or are some designated as such?

Check the lease to see if it says no smoking on the premises, because the premises generally include outside areas, patios, the parking lot, etc.

Once you determine the facts about the lease and if those facts are supportive to your concern, go to your LL with that (smoking on premises or not) info AND about second hand smoke info and inform him that he needs to address this issue. If smoking IS permitted, this won't work because you moved into a place that permits smoking.

If smoking is NOT permitted and he tries to pacify you, put him on verbal notice that you will be filing a lawsuit and name him as one of the parties. Again, if smoking is permitted, this will NOT work. While you are speaking with him about this issue, be sure you have a notice about the same to HAND him. On that notice, at the bottom, have a statement "This Notice delivered by hand to LL on 9/1/2011."

The flip side of a threat is that you are painting a target on your back.
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