Smoking Neighbours

chivalryder

About 3 months ago, I moved into this wonderful apartment. It's bright, spacious, has an amazing view, nice balcony, small building, and there's a little parkette right outside my door. I'm absolutely loving it, except for one reason:

The guy, 2 floors below me, is a chain smoker.

The location of the building is absolutely perfect for a light breeze to pick up the smoke, and as it raises up to the level I live on, blow it right into my apartment where it then can stay for hours!


Tonight is a particularly bad night. When he went out for his regular smoke, it was so bad, I opted for leave and go for a nice walk, thinking by the time I come back, my apartment should be aired out (I have fans in the windows of both rooms). Boy was I wrong. As soon as I open the door, it was like walking into the wall of this invisible, chemical-filled stench. 10 minutes later, my throat is all scratchy, my eyes are drying out, and I now have a killer headache! It's been over 30 minutes since I got home, and the place still stinks!

I've spoken to the landlord multiple times about it, and he finally said that he would talk to the management about my situation. They don't normally let people move to another unit, unless they're going to a larger apartment. He will try to explain my case, in an attempt get them to let me move. However, the two choices I have are really ****ty compared to the one I have now. I don't even know if those two are relatively smoke-free.

Have any of you had a similar experience to this? What did you do about it? I *can* move, but by which time, it would be winter. I'm also from the country, so I hate living with my windows closed all the time...

whierd

I think you're overreacting.

RainHoward

Buy some candles and get over it. Or move.

whierd

Or an exhaust fan.

chivalryder

If you're not a smoker, and have sensitivities to these things, and it happens nearly every single night when you're trying to get to sleep, you wouldn't be calling this over-reacting.

I can't move. I signed a 1 year lease. I would have to find someone to replace me before I can leave. Last time I tried that, I lost over $1000.

Oh, and the *kitten* just went out and lit another cigarette. If he doesn't stop, I'll be up all damn night!

christine24t

I understand that you're frustrated and I would be as well. Have you spoken with the neighbor? He does have the right to smoke (unfortunately to you) but you do have the right to breathe clean air. I would just either knock on the door or leave a note saying, "Hi, this is your neighbor upstairs. I've seen you smoking recently on your patio and the smoke has been drifting up to my apartment. I'm really sensitive to smoke and as a result, I've been experiencing a headache and scratchy throat and dry eyes, plus my apartment is starting to smell. Is there any way that you would be willing to smoke ________ (fill in with: front of the building, side of the building, parking lot)?" Listen to what they have to say, and respond appropriately.

Honestly, just by approaching the person rather than going to the landlord, I bet you'll have more success.

ETA - And remember to be extremely polite. That will get you going a long way. I can tell you harbor a lot of resentment to him and I don't blame you, I love having my windows open and that would ruin it for me too. But just be polite. Request a favor, don't make a demand. Also check your lease and local policies, who knows, there could be an ordnance saying "no smoking in apartment buildings within twenty feet" or something.

whierd

You're saying your eyes are drying out, throat getting scratchy, and getting a headache from the small bit of smoke that is blowing in your unit from a guy smoking outside. If you have such "sensitivies" then you probably should have done more work checking out your neighbors to ensure that they weren't smokers.

Or you should have air purifiers to mitigate the "sensitivites".

Also, you clearly don't understand the term "chain-smoker".

jesusHchris

You should move to New York and get some lead roles on Broadway.

RainHoward

Move to that town in California that banned smoking completely. Then you can just complain about smog and other air pollutants.

jkestens63

It sucks but he's not doing it in your apartment so I think you have to suck it up, close your windows if it bothers you that much. Smokers, despite being societal pariahs, do have rights too. (and yes I'm a former smoker, 8 years non smoker, and I hate the smell of smoke but I'm not going to b**tch to my landlord because my neighbor smokes - my problem, not his).

whierd

You should move to New York and get some lead roles on Broadway.

Win.

leomom72

i say talk to the neighbor as well..see if you can negotiate with him to switch smoking spots..there isnt too much you can do if they choose not to stop..we had neighbors once that smoked weed, and it came into our apt. and it was awful..with a new baby at that..luckily we didnt have to stay long, because the conditions of that rat hole were terrible, so we moved..maybe you have the fear of living near someone who may be uncomfortable with after confrontation ?? good luck

CuteAndCurvy83

I'm sorry, that really sucks, and I totally understand! I'm asthmatic and have bad allergies so smoke puts me into an asthma attack and makes my allergies give me the same symptoms as yours. I don't think for one minute you are over reacting. But sadly hes got the right to smoke just as much as you have a right to have the windows open. Could you get a note from your doctor? My complex doesn't let you change apartments until your lease is up unless it's for a medical reason, check into it..I would think if it's for medical reasons the kind of have to let you. Our old neighbor used to smoke in her bathroom once in a while (there is no smoking in the apartments) and put on the exhaust fan, and somehow I could always smell it through the vent in my bathroom, and just the smell would make me have to use my inhaler,thankfully she didn't do it often enough where I felt the need to complain. Good Luck with whatever you do!

chivalryder

Wow. People were right about MFP users being real jerks on the forums.

In every apartment I've lived in before, there have been smokers who lived around me, but the smoke never entered my apartment. This building seems to have a rather unique design and layout in relation to the geography that seems to direct nearly all of the smoker's smoke right into my apartment.

In Ontario...

"... every tenant and landlord relationship there exists the covenant of the right to reasonable enjoyment, even if you have not signed a lease. Reasonable enjoyment is the right:

“to take possession, and to be protected against interference with the tenant’s use and enjoyment of the premises by the landlord or others claiming under the landlord” (Bruce Ziff, Principles of Property Law, 3rd ed., 2000)."

http://www.smokefreehousingon.ca/sfho/tenants-landlord-and-tenant-board.html

Second hand smoke can be included in that law.

and I do know what a "chain smoker" is. This guy goes through multiple packs a day. He has posed problems with other tenants in the building in the past. It took them a few years, just to get him out of the building.

roachhaley

Close your window

RainHoward

Canadian smoker eh? He must be extra dedicated, they're expensive up there. Go have a chat with him and then report back here as to how that worked out for you.

wildcelticrose

Wow,

What a bunch of jerks in here telling you to get over it or that you're over reacting.

I don't have any answers for you; this is one of the many reasons that I hope to never have to live in an apartment again.

There is nothing worse than having someone else's toxic fumes filling your home and making you miserable.

MaryJane_8810002

Oh gosh I hate that feeling! Your throat gets so irritated and the smell is just stuck in your nose.

Have you just considered getting an ionic breeze, they work great on filtering out smoke (grill smoke I tried)

myfitnessval

i agree with talking to him about the smoke and asking nicely, also backing up your request to your landlord maybe you could show him specific studies that have been done to show that second hand smoke is dangerous to your health and whatnot. you both as tenants have rights, and if he isnt willing to smoke elsewhere then they need to be willing to let you move into another unit. you shouldnt have to pay rent to have your rights to clean air infringed upon.

whierd

Wow,

What a bunch of jerks in here telling you to get over it or that you're over reacting.

I don't have any answers for you; this is one of the many reasons that I hope to never have to live in an apartment again.

There is nothing worse than having someone else's toxic fumes filling your home and making you miserable.

He was living there first. There are steps she can take to prevent the smoke from entering. She should have done her due diligence.

christine24t

In Ontario...

"... every tenant and landlord relationship there exists the covenant of the right to reasonable enjoyment, even if you have not signed a lease. Reasonable enjoyment is the right:

“to take possession, and to be protected against interference with the tenant’s use and enjoyment of the premises by the landlord or others claiming under the landlord” (Bruce Ziff, Principles of Property Law, 3rd ed., 2000)."

http://www.smokefreehousingon.ca/sfho/tenants-landlord-and-tenant-board.html

Second hand smoke can be included in that law.

With this in hand, I would go visit your landlord and asked me to be let out of your lease or move to another apartment. Yeah, the new apartment might suck but it's only for a few months. Or you could visit a lawyer that specializes in rental law.

angelalf1979

Wow. People were right about MFP users being real jerks on the forums.

Yes. Yes they are. That's why I don't post forums. If I wanna know something, I google it.

Sorry you're having problems. Hope someone can offer the right advice! Take care

BarbWhite09

As a smoke hater, turned smoker, turned into a non-smoker...I can say you are definitely over reacting. Unless you have some super weird law of physics defying apartment complex set up...the smoke is not going to remain around for long at all. I can smell when my neighbors go outside & smoke, then for maybe up to 5 minutes afterward at the most...was the same way in my last apartment. If it bothers you so bad then go talk to your landlord...Or simply get some Febreeze to block out the odor; although, I think you're just psyching yourself out with the smell. Good luck.

chivalryder

Oh gosh I hate that feeling! Your throat gets so irritated and the smell is just stuck in your nose.

Have you just considered getting an ionic breeze, they work great on filtering out smoke (grill smoke I tried)

I would love to get something like that, but being a college student I cannot afford a $400 air filter. I've got $10000 I need to save up for my last few months before I graduate.

He was living there first. There are steps she can take to prevent the smoke from entering. She should have done her due diligence.

I realize that in the land of the "free," everyone is allowed to walk all over everyone else, and "first come-first serve" is how things work, but up here, where everyone has equal rights, it doesn't matter if the guy smoking were the pope, I still have the right to live in a comfortable environment, windows open or closed.

paleirishmother

I had the same problem with the neighbor guys below me, they'd go out onto their porch n smoke cigarettes/cigars/pot. That itself didn't bother me. I never thought twice about it. Their lives, their buisness you know, whatever. ..

Until one night when it was hot out, I went in to peek in on my son (who was 1) and it was sooooo smokey in his bedroom! The room was covered in a THICK fog, it was horrifying. I turned the light on and you could actually SEE the pillars of smoke heading towards his ceiling. My sons bedroom was right above their porch, about 12 ft above where they were hanging out. I turned the fan backwards, blew the smoke out and he slept with me in my bedroom that night.

I realized that I need to shut the windows at night. In my perfect world I would have asked them to kindly stop doing that, but who am I to tell someone what to do, they live there too, ya know. I ended up moving the fans and the air conditioner to the other side of the apartment. It still smelled like smoke coming into the heating vents, but at least I didn't actually see it flowing into my windows anymore! Shut the windows, and stick some fabric softener sheets behind your fan when the smell bothers you. Sometimes you just have to live around it, that's apartment living for you. You may be able to talk to the landlord about switching apartments in the complex. I did it once a few years ago.

GOOD LUCK.

kayemme

I think you should just talk with him and explain. I smoke. I would have no problem moving to an area away from my neighbor in general, assuming the conditions are fine. I've also been a non-smoker (most smokers have) and so we do understand how bad it can smell. I wouldn't approach him with the same kind of tone you have here, but, you know, you could say, "hey... i'm wondering if we can work something out."

i recently had a naggy neighbor (not just about smoking, but a number of things, most of which we had no control over). most of the time, out of respect for her as a human (not as a person) i would smoke in the backyard, away from the entrances. occasionally the weather would be too foul or mosquitoes would be out and i'd opt to smoke on the porch. she would leave one window open to try to discourage us from using the porch. she had 15 windows, but she chose to open the one closest to our side of the porch and then she'd hack and hack and turn her fox news up so loud that we couldn't carry a conversation.

i tell you this story because i want you to understand that i honestly did not care what she thought or felt in general. had she approached us in an adult manner, we could have worked something out. so i'm trying to relay that you should approach your neighbor kindly and sensitively, because if you approach him like a jerk, it will only affect your own environment.

Moretakitty

We closed our windows when we heard them go outside to smoke so it wouldn't waft into the windows, but apart from that, there isn't much you can do.

They are legally allowed to smoke in their own home. We loved the lady downstairs, but she smoked. we didn't hold it against her, but we did move when we could into a house. Only one who affects my air for the most part is myself and my family.

Sucks, yeah, but what can you do? Have you talked to them? Perhaps made friendly conversation? Maybe there is something they can do to minimize the effect in your apartment.

Good luck

kayemme

i would also suggest keeping fresh-cut flowers and turning your window fans outward. many plants also filter the air, so they raise the air quality in your home (i live near a freeway, so i keep a lot of plants around... smoking is bad, yes, but lots of non-smokers drive which is just as bad).

cmcollins001

Just taking a stab in the dark here, but have you tried putting a fan in the window blowing out, so that the smoke isn't being sucked in? I have no idea how things are laid out, just throwing an idea out there.

whierd

I realize that in the land of the "free," everyone is allowed to walk all over everyone else, and "first come-first serve" is how things work, but up here, where everyone has equal rights, it doesn't matter if the guy smoking were the pope, I still have the right to live in a comfortable environment, windows open or closed.

So you're thinking that you have the right to move to an area where another person is established and attempt to change their environment by force?

That's not equal rights.

chivalryder

I realize that in the land of the "free," everyone is allowed to walk all over everyone else, and "first come-first serve" is how things work, but up here, where everyone has equal rights, it doesn't matter if the guy smoking were the pope, I still have the right to live in a comfortable environment, windows open or closed.

So you're thinking that you have the right to move to an area where another person is established and attempt to change their environment by force?

That's not equal rights.

Who said anything about using force?

Secondly, I never once said that the smoker had to do anything at all. Yes, it would be great if we could make smoking illegal, and kick him out of his apartment so I can live here in the comfort of my own home, but that's not about to happen. the best shot I've got is convincing the guy to go smoke on the public patio, instead of his apartment, but I wouldn't count on that happening. I just wish I could move out without and financial consequences, and manage to find a place that is equally as nice, without the damn smoking.

Man, you're quick to make assumptions.