Smoking Neighbours

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chivalryder
chivalryder Posts: 4,391 Member
in Chit-Chat
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...
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Replies

  • whierd
    whierd Posts: 14,025 Member
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    I think you're overreacting.
  • RainHoward
    RainHoward Posts: 1,599 Member
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    Buy some candles and get over it. Or move.
  • whierd
    whierd Posts: 14,025 Member
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    Or an exhaust fan.
  • chivalryder
    chivalryder Posts: 4,391 Member
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    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
    christine24t Posts: 6,063 Member
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    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
    whierd Posts: 14,025 Member
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    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
    jesusHchris Posts: 1,405 Member
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    You should move to New York and get some lead roles on Broadway.
  • RainHoward
    RainHoward Posts: 1,599 Member
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    Move to that town in California that banned smoking completely. Then you can just complain about smog and other air pollutants.
  • jkestens63
    jkestens63 Posts: 1,164 Member
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    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
    whierd Posts: 14,025 Member
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    You should move to New York and get some lead roles on Broadway.

    Win.

    images?q=tbn:ANd9GcR-qf354bdNoYenRFGhhZBZV2pQatTIwECYd8pvzkZWB88oOI78qNZWpPCQ4A
  • leomom72
    leomom72 Posts: 1,797 Member
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    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
    CuteAndCurvy83 Posts: 570 Member
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    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
    chivalryder Posts: 4,391 Member
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    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
    roachhaley Posts: 978 Member
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    Close your window
  • RainHoward
    RainHoward Posts: 1,599 Member
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    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
    wildcelticrose Posts: 40 Member
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    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
    MaryJane_8810002 Posts: 2,082 Member
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    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
    myfitnessval Posts: 687 Member
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    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
    whierd Posts: 14,025 Member
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    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
    christine24t Posts: 6,063 Member
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    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.

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