Please help! My neighbor's smoke comes through my apartment window, what can I do to stop this?

Question

I have called the police, the multi-unit housing inspector who is also the health inspector, and my attorney's assistant. Where else can I go to get help. My lungs are hurting (I have asthma, but a person should not have to feel their lungs!), I have a sinus headache and phlegm-filled throat (and sore throat) and I'm always tasting and smelling the smoke that keeps getting shoved into my respiratory system. HELP!

As far as smokers rights go, I know they are dwindling, but my right to breathe clean air takes precedence. Sorry, I doubt that many judges would agree that smoking takes top priority.

Serious answers only, please. Thank you.

Oh yeah, to top it off when I moved into the building my landlord said over the phone, so I have no witnesses, "Don't forget this is a non-smoking building." However, now he's saying he never said that and that this has always been a non-smoking building.

OK, so more info is needed here. A box fan doesn't cut it. Shutting the windows and turning on the AC doesn't keep it out, even with the vent closed. I am on a lease through this winter, and I don't want to have to move until then. I've talked to my landlord and complained about twice a week all this summer. I can't wait for cold weather and I LOVE the summer!

And I have talked to the neighbor who smokes and the other neighbor's guests who smoke about this. They feel that they're doing enough by smoking outside, when actually if they smoked in their own units, I would probably not smell it.

The details of this being a non-smoking building are not in my lease.

To all the good people who genuinely have attempted to help me solve this problem, thank you. This note is for the insensitive jerks.

Unless you've had asthma how would you know what an asthmatics lungs feel like? If you don't believe me go away and ignore me, I asked for serious answers and help to resolve the situation, not insults. Thank you very little.

I hesitated asking this question because there are so many nasty people on Yahoo answers and I really didn't want to deal with judgements like, "I think you're being a drama queen." It is difficult enough living with asthma and a person to doubts another persons pain is rude and ignorant. Are you a physician who is giving this judgement? Yeah, I didn't think so.

If you're nasty go get some anger management.

Again, my apologies to the more sensitive answerers.

I failed to inform you that these people are smoking outside when smoke is coming through my windows.

Answer 1

I smoke, but I'll have to answer.
You may want to go through your phone book and contact some attorneys. Find out if one of them would be willingto make a case out of it.
If anything, it would stop your neighbor.

Answer 2

Well, it looks like you have explored any legal routes tht I might have suggested. Have you talked to your neighbor? You never know they might be willing to try to keep their smoke to themselves.

Does your rental agreement say anything about it being a non-smoking building?

Put a fan in the window blowing out to try to keep some of the smoke out.

Edited to say.............
Ok I just read your details again and I don't understand this:
"Oh yeah, to top it off when I moved into the building my landlord said over the phone, so I have no witnesses, "Don't forget this is a non-smoking building." However, now he's saying he never said that and that this has always been a non-smoking building."

If it has always been a non-smoking building then it should be in your rental agreement, and it's up to him to take care of the smoker and the smoker! You think the landlord would want the smoker out if it's a non-smoking bulding because this person is ruining his unit.

Answer 3

Unless your land lord has it specifically stated in the lease that your building is a non-smoking building, then there really is nothing you can legally do about it. To make things better for yourself, the fan in the windown always works well, kepp it pointed out so it acts as an exhaust. The air system works well too. And if you use the fan idea, you could always enact your own revenge by cooking things that really small bad, like onions and garlic at the same time, things with curry, use your imagination.

Answer 4

From an avid smoker; I smoke better than a pack a day and don't have the symptoms you've described. Then again I chose to live in a place where My neighbors are far enough away that I can't hear them roll over in the night. The only quick and easy solution I can see for your problem is to close your window. If everything is close enuf together for you to have this problem, I'd put up curtains too cause the view has got to suck. Worst case scenario, "if ya can't beat 'em, join 'em"

Answer 5

Well , if they are nice , I guess you could mention it. Maybe they can smoke in a different spot . The same thing happens with my neighbors but they are inconsiderate in MANY ways so I put my window fan on exhaust instead of fresh air and spray lots of Glade into it.Good Luck!

Answer 6

i feel you're being a bit anal about it. i seriously doubt you can "feel it in your lungs". even if all the smoke was coming in it would be so dissipated that you would only be able to smell it. if it really bothers you that bad, then move. you have NO right to tell that person they can't smoke in their place cause you live next door and don't like it. personally i think you're being a drama queen.

Answer 7

You might want to try talking to your neighbor about smoking in that particular spot. I have the problem in my bathroom with my neighbor. Somehow the smoke comes in only in that room. Explain the situation to your neighbor, and let them know you realize it is their home, but if they would move to a different spot to smoke to help prevent the smoke from coming back in to your house.

Answer 8

I think you contact the legal deptt. or thru some common friend convince him either to fix up some chimney with an induced draught fan.If he doesn't agree then definitely inform the cops or take legal action

Answer 9

You need to get an air purifyer. Try Ecoquest. They have great ones. I mean the most important thing is your health.

Answer 10

any logical solution is if you find your self more reasonable place, asthma and other symptoms may by caused by mold in your older apartment like under sink, places you would newer suspect. take care