Smoking Neighbours

Perhaps you should simply move back to the country, far from any offensive or noxious odors. Make sure you have no neighbors near you to spoil your right to fresh air. Far from any roads used by exhaust spewing vehicles, people with barbecues, body odor, or, gasp, a cigarette in their hand.

I have the same sensitivities to smoke and understand your frustration and disgust. Who wants their place stinking of smoke when they don't smoke themselves? It's gross. I get it.

That being said, I think moving is a tad extreme considering all the extra costs involved. Close your windows if it's that bad. That's likely what management is going to tell your landlord anyway. Get fans, ceiling if at all possible, so air circulates. If having your windows open is that important to you then your only option would be to move. The guy is smoking in his own home. Nothing you can do about it.

Edit to say that I really do get where you're coming from. I went on vacation recently and rented a condo in a smoke free building. It was one of the reasons we went there. The person below us smoked non-stop on the balcony and it blew right up. I couldn't sit outside and enjoy the ocean breeze because of it. I'd suggest approaching him, but I doubt it'll do much good. My guess is that they'll get defensive.

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.

Attempting to have your landlord contact the management company to "do something" is initiating force. Using your complaint to relocate or bust the lease because you can't close a window when you smell smoke is silly.

Yeah, because we all want to live in a cocoon for the rest of our lives.

What's the point in closing a window is the smoke is already in my apartment?

I imagine your next comment would be to tell me to never open my window. I'm sure I would enjoy living in a bubble just as much as you would.

I'd like to explain the difference between the right to the persuit of happiness, and this delusion you have that you have the right to ultimate comfort, at anyones expense.

The right to the pursuit of happiness (our amurrican freedoms that you seem to hate) guarantees you just that... the right to the PURSUIT of happiness. so you have the right to move out of your apartment. and you have the right to ask that guy to stop. and you have the right to put a fan in your window.

but, the guy ALSO has the right to smoke, outside of HIS residence. he also has the right to refuse your request to stop smoking in that area.

I dont know why you think your rights are more important than his. He's a human being just like you. Maybe he is only "comfortable" if he can smoke there, and taking that away from him would be making him uncomfortable. How would you react to that?

As I posted previously:


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

I don't give a crap what the tenant does. He can smoke on his balcony, and there isn't a damn thing I can do about it (aside from talk to him, but what he does after that is purely his choice). What I CAN do is terminate my lease early, and/or move into a different unit/building in hopes that I will not have to put up with someone else's cancerous smoke.

Uhh... then go ahead and do that? But don't expect your landlord to terminate your lease early because of smoke. He has the complete right to deny that, if he doesn't want to do it. You did sign a contract.

If a neighbor approached me about something I was doing to cause them discomfort and I could reasonably.accomidate them, I'd do it gladly.

I have disagreed with what you've written for the most part in this thread, but I agree with this. For example, when I moved into my apartment, the neighbor's had three kids. The mother told me, "if we're ever loud let me know and we'll try to keep it down." A situation never arose but it was nice that she said it.

It is called being a good neighbor. I will push back hard if someone tries to tell me what to do, but I'm a.great guy if younare pleasant about things.

You seem like a complete tool to me. If I were to go speak to the guy, I wouldn't be doing it in a sleep deprived state where his smoke has been pissing me off for the last hour. I have more sense than what most people on here seem to have.

Resorting to name calling is a sign of weakness and lack of conviction.

I don't give a crap what the tenant does. He can smoke on his balcony, and there isn't a damn thing I can do about it (aside from talk to him, but what he does after that is purely his choice). What I CAN do is terminate my lease early, and/or move into a different unit/building in hopes that I will not have to put up with someone else's cancerous smoke.

Okay, here is what you have to do:

1) Take a deep breath and go up to his apartment. Knock on the door. If he's there, tell him what I said in my first posting. If he is not there, go back to your apartment, write a note, and place it in an envelope. Ask him to call you or stop by your place. But you should ideally speak with him face to face, it will make more of an impact.

2) Hear what he has to say and tell your story. No name calling or inappropriate language. Be polite. Who knows, he could be really nice.

3) If that doesn't work, call your landlord and say, "I know we've been talking about this, but I just spoke with the guy in 2C and he said that he is unwilling to stop smoking on the porch. I need to move apartments, otherwise I'll be contacting a lawyer about terminating my lease, as this is affecting my health." Trust me, if you go to any law school you can find a pro bono or cheap student lawyer who would be willing to help if you cannot afford a licensed attorney. One letter to the landlord from a lawyer and they will be willing to help. A lot of landlords have shady stuff going on and if you threaten to bring in the big guns, they'll give you what you want right away. Go to the doctor and get a note explaining your smoke sensitivity - that should help your case.

4) Start looking for new apartments to move into after this lease is up.

I'm dealing with the same thing actually. The woman and her boyfriend smoke downstairs from us. My house is almost 200 years old, so the walls/floor are thin-ish. I've talked to the landlords here too and they're not doing anything. It takes my breath away it's so bad. I have asthma, and two little kids, 2 and 3, and it's so bad my cats' fur literally stinks from it! It's disgusting, and people saying OP is overreacting, I don't think so. People should be more considerate of others, especially in my case because this is a family-oriented renter. It's pretty crappy when I can't have my windows open on a nice day because then I need to use my inhaler, it's disgusting.

Not trying to be rude, but why would you move into a house that allowed smoking if you were so sensitive to it?

She's not supposed to be smoking here. Like I said, family-oriented. In our lease, it says they need to smoke a certain number of feet from the building itself, and they don't. They smoke inside, and on the porch right outside my living room, kitchen, and one bedroom window.

I don't give a crap what the tenant does. He can smoke on his balcony, and there isn't a damn thing I can do about it (aside from talk to him, but what he does after that is purely his choice). What I CAN do is terminate my lease early, and/or move into a different unit/building in hopes that I will not have to put up with someone else's cancerous smoke.

Okay, here is what you have to do:

1) Take a deep breath and go up to his apartment. Knock on the door. If he's there, tell him what I said in my first posting. If he is not there, go back to your apartment, write a note, and place it in an envelope. Ask him to call you or stop by your place. But you should ideally speak with him face to face, it will make more of an impact.

2) Hear what he has to say and tell your story. No name calling or inappropriate language. Be polite. Who knows, he could be really nice.

3) If that doesn't work, call your landlord and say, "I know we've been talking about this, but I just spoke with the guy in 2C and he said that he is unwilling to stop smoking on the porch. I need to move apartments, otherwise I'll be contacting a lawyer about terminating my lease, as this is affecting my health." Trust me, if you go to any law school you can find a pro bono or cheap student lawyer who would be willing to help if you cannot afford a licensed attorney. One letter to the landlord from a lawyer and they will be willing to help. A lot of landlords have shady stuff going on and if you threaten to bring in the big guns, they'll give you what you want right away. Go to the doctor and get a note explaining your smoke sensitivity - that should help your case.

4) Start looking for new apartments to move into after this lease is up.

^ good advice

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.

Attempting to have your landlord contact the management company to "do something" is initiating force. Using your complaint to relocate or bust the lease because you can't close a window when you smell smoke is silly.

Yeah, because we all want to live in a cocoon for the rest of our lives.

What's the point in closing a window is the smoke is already in my apartment?

I imagine your next comment would be to tell me to never open my window. I'm sure I would enjoy living in a bubble just as much as you would.

I'd like to explain the difference between the right to the persuit of happiness, and this delusion you have that you have the right to ultimate comfort, at anyones expense.

The right to the pursuit of happiness (our amurrican freedoms that you seem to hate) guarantees you just that... the right to the PURSUIT of happiness. so you have the right to move out of your apartment. and you have the right to ask that guy to stop. and you have the right to put a fan in your window.

but, the guy ALSO has the right to smoke, outside of HIS residence. he also has the right to refuse your request to stop smoking in that area.

I dont know why you think your rights are more important than his. He's a human being just like you. Maybe he is only "comfortable" if he can smoke there, and taking that away from him would be making him uncomfortable. How would you react to that?

As I posted previously:


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

I don't give a crap what the tenant does. He can smoke on his balcony, and there isn't a damn thing I can do about it (aside from talk to him, but what he does after that is purely his choice). What I CAN do is terminate my lease early, and/or move into a different unit/building in hopes that I will not have to put up with someone else's cancerous smoke.

Uhh... then go ahead and do that? But don't expect your landlord to terminate your lease early because of smoke. He has the complete right to deny that, if he doesn't want to do it. You did sign a contract.

If the landlord doesn't, and I feel so inclined, I can report the case to the Bard and bring it to court. There are multiple case reports of similar incidents on the website in the link.

Resorting to name calling is a sign of weakness and lack of conviction.

As is referring to the OP as the opposite gender as well as mocking said person. Your point?

I apologize. I did not check your profile and assumed "jean" was a woman.

Take a deep breath and walk away from this thread. There are people in this forum community that respond only to pick fights. It's obnoxious and wide spread. You know what you need to do.

I'm dealing with the same thing actually. The woman and her boyfriend smoke downstairs from us. My house is almost 200 years old, so the walls/floor are thin-ish. I've talked to the landlords here too and they're not doing anything. It takes my breath away it's so bad. I have asthma, and two little kids, 2 and 3, and it's so bad my cats' fur literally stinks from it! It's disgusting, and people saying OP is overreacting, I don't think so. People should be more considerate of others, especially in my case because this is a family-oriented renter. It's pretty crappy when I can't have my windows open on a nice day because then I need to use my inhaler, it's disgusting.

Not trying to be rude, but why would you move into a house that allowed smoking if you were so sensitive to it?

I was just thinking this very same thing. I live in a college town in Oregon, there are entire apartment complexes that advertise as being non smoking. They don't allow it on the property at all (though blazin a big fatty in the grass seems just fine, go figure). Many of the places I've rented over the years state emphatically "No Smoking". If someone is that offended by the odor it would seem in their best interest to seek out one of these places. How hard is it to ask the landlord if they allow smoking in the building? My neighbors, who live in a house separated by a small yard smoke. At night it comes in my bedroom window. I smoked for 19 years, I am VERY sensitive to the odor. Do I complain? Nope. If it gets bad I just close my window.

Being called rude and mean for not agreeing with a persons post is kind of absurd by the way.

Take a deep breath and walk away from this thread. There are people in this forum community that respond only to pick fights. It's obnoxious and wide spread. You know what you need to do.

Sad that it's this way, isn't it? This site is for support and we just get a bunch of trolls in the forums, lol.:drinker:

Ok, people on here are just trying to tick you off, and it seems to be working. Some people on MFP seem to get off on being mean jerks. Not eveyone on here is like that.

Just go put your fan in the windowsill, sucking air from inside your apartment and blowing it outside. That will help clear out the room now.

The "rude" people have suggested that, and she won't do it. She wont do anything but keep her windows fully open and not say a word to the other tenant.

He.. ejean86 is a guy. Does no one find out about a person before they go after them in these forums? Kinda rude to post about some one like you know everything when you don't even know what gender to address them under. Just sayin'

both, but through the floor and walls it's mainly just the smell of smoke, not like someone's smoking, if that makes sense. Smells older, I guess. Regardless, it's gross. We've had to put my kids in an attic bedroom in the back of the house so they don't get the smoke from having their windows open.

oh, i know that smell. it's unpleasant. it's also part of living in an old building because back in the day people did smoke indoors. it can get particularly nasty when it rains. i'm sorry you have to smell it

this is a bit different than the OPs concern... I totally get it. I don't smoke inside because I don't like the way stale smoke smells. even if I were allowed to smoke inside, I wouldn't, but that's just me.