We purchased a 2nd floor condo last year. Our neighbor below us on the first floor is a chain smoker. His smoke enters our bedroom, living rooms, bathrooms etc. all the time through windows, walls, HVAC, etc. I am trying to find out if I have any legal recourse in Pennsylvania to get him to stop this. We should not have to breathe his secondhand smoke. We have approached him about using air filters and have offered to buy them but he refuses. Any legal recourse help would be greatly appreciated.
2006-09-12 05:49:45 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
since I keep getting the idiot responses ...We are not trying to get him to stop smoking. We don 't want his hazardous toxic fumes coming into our condo. Is there any legal recourse to force him to address the issue and keep his smoke in his condo? People with legal experience ONLY please.
2006-09-12 06:00:11 · update #1
If smoking is legal you have no rights at all to stop him doing this in his own home.
2006-09-12 05:51:25 · answer #1 · answered by Anonymous · 3⤊ 2⤋
While it's very unfair that you should have to breathe your jackass neighbour's second hand smoke, it isn't against the law for him to smoke in his own home. He sounds like an enormous a**hole, if he won't even try to help keep smoke out of your home, though.
My advice... Move again. I know how maddening it is, but if you want to be free of the neighbour's smoke, you'll probably just have to. When you move, introduce yourselves to all of the neighbours and try to find a place where no one could pipe noxious fumes of any kind into your home. I think the only other option is to seal off all places in your home that could allow smoke in.
Having severe allergies and asthma, I'd be thrilled if smoking were made illegal. Unfortunately, that doesn't seem to be something that will happen any time soon.
2006-09-12 06:07:39 · answer #2 · answered by ChiChi 6 · 0⤊ 0⤋
Read your Condo Rules & Regs. Not likely, but you might be able to get him booted for making your lives miserable. You'll have to go before your Condo Board and try to get the rules changed OR added to if they're not already there. This is a distinct possibility depending on when your building was built and/or association incorporated.
If you've really been bugging him - he's probably leaving lit cigarettes in every room ALL the time.
His condo is his home - and you can't legislate what people do in their own homes - UNLESS it's in the rules and regs.
Your Association has a lawyer - check with him as I'm sure neighbor disputes are the one thing he spends 90% of his time on. It might be worth having the rules amended - otherwise - MOVE. And be careful in the meantime. Do you have a garage?
2006-09-12 05:59:29 · answer #3 · answered by 34th B.G. - USAAF 7 · 1⤊ 1⤋
Well if you knew that it was a smoking allowed condo. why did you move into it.. You do have the right to move out..
It was your choice to move here knowingly that it was a place where others were allowed to smoke..
Non smokers see to think that the over rule people who do smoke. since you are complaining so much about this i would probably say that you were a smoker at one time.
smokers also have rights.. it is his home he is living in and in that home he can do what ever it is that he likes. as long as he isn't breaking the law.. Non smokers also seem to not know how to talk to people that smoke.. if you had spoken to him or her whom ever it is below you he may have took you up on your offer of the air filters for in his apartment..
but i bet you went to him or her with and attitude.. and i can see anyone refusing under the circumstances.
try being nice to your neighbors it gets you alot farther in what you are wanting.
2006-09-12 06:01:03 · answer #4 · answered by Sandy F 4 · 0⤊ 2⤋
Check out ash.org. I've been kind of an inactive member for years, but they have a LOT of legal history with these types of fights, specifically second hand exposures in precisely your type of situation, and maybe you can find some awesome resources there. I'm sorry I'm finding your question from years ago, but, even if one of you has moved, this can help others. So check out that site. They've had a lot of key legal victories, and may have already established some sort of precedent that may help you directly or indirectly. Well, hope this helps.
2015-11-01 13:40:51 · answer #5 · answered by ? 2 · 0⤊ 0⤋
HELL NO! Any one who wants to incriminate and jail a person for simply getting intoxicated is right out full of sickness and hate and the stinkers who make weed illegal are the ones who should be JAILED! Damned oppressive TYRANNICAL legislators like that should be HANGED! IT IS TIME TO DECRIMINALIZE WEED AND LET PEOPLE WHO ABIDE BY THE LAW BUT SMOKE WEED OFF THE HOOKS OTHERWISE THIS IS NOT A FREE COUNTRY AND IT IS TIME FOR A BLOODY WAR ! ! The government HAS NO RIGHT TO TELL ME WHETHER I CAN GET HIGH OR NOT AND THEY ONLY USE THAT FOR LEVERAGE OVER THE PEOPLE AND THEY SHOULD BE PUBLICLY HANGED FOR IT!! Yes that's right I said so ! ! The time is ripe for the law abiding citizens of America to RISE IN STRENGTH AND FLEX A LITTLE MUSCLE AND TAKE SOME RIGHTS FOR OUR OWN!! WE HAVE A COUNTRY TO TAKE BACK FROM THE BANKER DICTATORS. Making it illegal just to get high is not only totally with out reason, but is only a means of getting legally spawned power and leverage over the people who use it. There is so much they can use against those people including especially when they are applying for a job!! I think we should hurt those who refuse to decriminalize it and we incriminate the incriminators and see how they like it! BLOOD FOR BLOOD! Then things may change because in Washington and in other upper offices MIGHT IS RIGHT.
2016-03-26 22:01:27 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Sorry, you really don't have legal recourse against the smoker. He is enjoying his ability to smoke in his home. You might want to investigate having maintenance try to air-proof your unit to prevent the smoke from entering your unit.
2006-09-12 05:52:02 · answer #7 · answered by kingstubborn 6 · 2⤊ 0⤋
Just move. He has rights too. I'm tired of nicotine nazis constantly walking all over my rights. Who says you have a RIGHT to clean air? It's not in the Constitution. So move if you don't like it. Stop oppressing others because of your unwarranted fear of second hand smoke.
First the public buildings- OK- I can see that. Then private corporations- OK- fine- I'll smoke outside.... oops... unless I'm at a baseball stadium. Now you want to get into our homes. Stay out of my house! Stay out of your neighbors house and move if you don't like it. Must we settle everything legally and ruin every damn thing in this country?!?!?!?! Bunch of lawsuit happy whining babies!!!!
Have a great day!!! :)
2006-09-12 05:57:53 · answer #8 · answered by Coo coo achoo 6 · 0⤊ 3⤋
READ this !!!!
It says that there are some states that have passed a law to protect you and your family from second hand smoke when living in an apartment or condo!!!!
That nasty smoker should not have the right to slowly KILL you and your family!!!!!!
2006-09-12 05:55:24 · answer #9 · answered by Anonymous · 1⤊ 1⤋
You'll have to deal with it or move. If he's of age to smoke and legally owns the condo, and if smoking IS allowed indoors, there is nothing you can do.
2006-09-12 05:52:54 · answer #10 · answered by 4eyed zombie 6 · 1⤊ 2⤋