Second hand smoke from neighbor.....?

Question

live in an apartment complex and the people below us smoke heavily and there is a constant smell of smoke in our apartment. We have talked to the managment about the situation and they cant obviously tell them not to smoke but we suggested that they move us to another apartment taking in mind that this complex has over 1000 apartments, yet he said that was impossible and that we would have to get air purifers. I am constantly sick to my stomach, what can we do? I am in process of writing a letter to the actual owners but am i just wasting my time? I would think i should have some legal rights for not wanting to be exposed to this smoke I pay a good sum of $$$ for rent do I not have any rights?

I actually have nothing against our neighbors downstairs personally they seem like very nice people but the smoke that comes into our apartment from them is unbearable to my health. The problem here is the management not wanting to move us to another apartment and that we are basically stuck there because we signed a lease.

We have talked to the neighbors and they apologized for making me sick but they are smokers and will keep smoking and I understand that, but it doesnt necessarily mean that I will stand being exposed to second hand smoke.

Answer 1

i would say that you should write your letter and be sure to send copies to a variety of people and let those who get the original know who else got the letter.

you can start with the DA of your city.

you should also cc' the ACLU.

the debate over second hand smoke is over and you have rights.

your neighbor has the right to smoke but you also have the right to breath clean air.

of course the apartment complex won't do anything if they don't have to.

just make it clear to them, the the path of least resistance for them would be to move you.

you could also simply find a better place and then after you move SUE EVERYONE INVOLVED.

before you do, be sure to measure the particles of smoke in your air and gather plenty of evidence to support your case.

Answer 2

Ya gotta love some of the answers you see here! OMG!! As a smoker myself, and a former landlady, I will have to take your side believe it or not. You DO have rights. In a complex like that, if there ARE other open units you should certainly be able to move. If the onsite managers won't move you do contact the corporate owners - BUT START OUT NICE!! "You get more bees with honey than you do with vinegar." If you get no where, continue to get a little more assertive WITHOUT threatening. Threatening gets you no where plus "squeaky wheels get the oil". You can however say that you will be forced to leave if your request is not met. This may come back to bite you if they can afford to lose you as a tenant. Sadly, though, if they have no rules reguarding smoking in the building you may be faced with the same problem in your next apt. You may need to find a smoke free building period. Air purifiers don't cut it alone. Sure you can write to the news, ALCU, local DA, blah, blah but how much hassle do you really want to deal with? Just a thought.

Answer 3

Write your letter to the owners and be polite. Just ask to be relocated to a smoke free building if they have them. If not if they move you make sure this time to check to see if there are smokers. The smoker below you is also paying a good sum and has his rights in his own home.

Answer 4

I have your answer. You see, I'm just like the guy downstairs from you.

Here is what I did to solve the problem for my neighbors upstairs.

I called the apt. mgr. and explained that if maintenance would come by with some liquid foam we could fix the problem.

I led them to the air conditioner/heater unit in a closet off my bedroom. We sealed gaps between the floors with the liquid foam then he repeated the process from the upstairs unit.

In addition, I placed door stripping around my door.

Guess what! It completely solved the problem.

Now my upstairs neighbor doesn't have to smell my smoke and I don't have to worry about getting airborne viruses and bacteria from their sick kids.

Answer 5

HA!!

You're funny!!

The smoker has just as much right to smoke in his house as you do to NOT smoke in yours.

There are plenty of places who rent to non-smokers only; I suggest you move into one of them.

Smoking is NOT an illegal activity and the smoker has the right to enjoy his own home the way he sees fit as long as he isn't breaking the law or the rules of the complex.

Get a life, get over it.....Almost 30% of U.S. citizens smoke.......

Move, already. Writing to the owners, landlord, manager, police, politicians, president, or any one else is not going to change a thing.

Answer 6

This is what I did with the same problem many years back, they would smoke on their deck and the smoke would drift into my open windows,( really bad in the spring and summer and had a newborn baby to boot), anyways, every time they would smoke on their deck I would pee off of mine onto theirs, it worked they moved, ps I think it also helps being a 250lb bodybuilder, they never said a word to me. Probably not a good idea to try this yourself. Smokers suck!! literally

Answer 7

go ahead and write the letter, if they do nothing think about moving and next time be sure to discuss this issue before signing the lease

Answer 8

If this is the worst crisis in your life, consider yourself lucky and neurotic.