Really? I live in an apartment above a heavy smoker, and it simply rises into my apartment. I have asthma, and it's certainly makes me ill.
In addition, my apartment smells like I am a heavy smoker.
Now you tell me, since I don't choose to smoke, what the solution is?
It's either 1. He goes, or 2. The landlord releases me from my lease.
Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.
Reminds me of a battle my brother-in-law had in his condo in Florida....neighbor complaining about the aroma of garlic when my brother-in-law made spaghetti sauce. The neighbor wanted 'ethnic' cooking banned in the entire complex.
Is it OK if your neighbors have pictures of cigarette smoke on their walls? You remind me of the neurotic who held up a whole city's transportation system because all the buses did not have wheelchair access.
Thanks for defining the law for the rest of us all by yourself. What say you about the nut at an an outdoor concert who had a canniption fit because someone 200 feet downwind of her lit a cigarette? Should the offender also have been "evicted"?
Neurotics are not the center of the universe, you know.
>>I have asthma, and it's certainly makes me ill.
God has it in for you, then. Face it. Don't be afraid.
It climbs over walls and under doors. Comes in through windows and sneaks through holes. We share the air with a virtual potpourri of car exhaust, middle eastern immigrant body stank, obnoxious colognes, perfumes, deodorants, hairspray, footspray, butt powder, septic foulness, sewer gas, cooking odors (there's a certain Garlicy restaurant in New Jersey that comes to mind), cow flatulence, and cigarette smoke. We can't legislate against all of these, but it's fine with you to single out one of them. What should I do if I was your neighbor and became ill whenver you had your buddies from the Mosque over for some barbecued goat? </rant>
Sounds like your landlord has some work to do on the apartments.
I also live in an apartment building. The woman who lives above me never leaves her apartment and chain smokes all day. The tenant above her who was asthmatic had to move out because it was coming into her apartment - which stank of cigarette smoke. And in hot weather, her smoke permeates the entire building. I'm gonna show this article to my landlord.
How does the smoke get into your apartment? I`m just curious because where I live I know the guy below me smokes like crazy (he coughs his brains out every morning and he always has a cigarette in his mouth) but I never smell anything, and I don`t live in one of those well insulated apt buildings, you can hear everything through the walls and floors (yes, you can hear that too)...It`s just I would imagine the latex paint which is like rubber keeps out the smoke from my place, but there is no way my place smells like that of a heavy smoker. Noise, now that`s another problem. The worst is when a Spanish family use to live above me and play Spanish music seemingly 24 hours a day LOUD (I live in NYC) That was solved when I put a speaker up to my ceiling and blasted punk rock for a few hours.
Did you know this situation moving in?
Wrong. Bullshiite. NOPE!
If you want to have everything regulated, then move to China. Or, just stay around Amerika a little longer. Tenants have the right to rent a space. Somebody else owns it, and is only obligated to make sure your water runs, the toilets drain, and the heat stays on.
I was driving down the road the last year, and I encountered the smell of cow manure, for more than a mile. I love the smell. It reminds me of the country. It's bullshiite!
If you are suffering, move. Don't make someone else suffer, too. It isn't his fault he can't afford to buy a house, too. He has the right to smoke , IN WRITING. It is not a 'benefit', not a 'blessing', it's a right, BY CONTRACT. I walk outside, often, in the evening, when I am smoking a cigar. We have an enclosed front porch in our 105 yr old farm house, so my wife doesn't have to put up with the smell (read that- bitch at me). I don't want to offend her, by smoking in the rest of the house, but she would never, really, say a thing.
We own it. I am her husband. I have the right to sit in front of the bigscreen, granted by her. Instead, we have some 105 yr old teared windows that I look through, from the porch, and remote 900mhz speakers to bring me the sound.
We own other places, and I make the same considerations.
Some people don't have that choice. But, they do have the RIGHT to smoke. It's their body. Even the second-hand smoke nazis are finding no evidence to support them...
Sorry, if I disagree. People need to learn more about rights, and in this case contract law...
I disagree. As long as tobacco is legal, people should be allowed to smoke in their own homes. Blame your landlord.
How about a compromise? Have the smoker get some type of ventilation so the smoke goes outside?
Uh oh.... duck.... incoming.... You are going to be totally crucified by the very meanspirited people who worship the god of Nicotine, which they like to carefully wrap inside their supposed concerns for freedom. I love FR but am always intrigued by how downright cruel and nasty people can be when veiled by anonymity.
Was smoking allowed in your lease? If so, you screwed up, oh well. None of the above. Ta ta.
I agree with you, but as a last resort, I'd move because of your health Both of my daughters got married within the last 18 months, and the receptions were non-smoking. The chain smokers were free to go outside in the beautiful evening, and the rest of us enjoyed clean air inside.
Maybe you should fix the holes in our floor.
If you are a residential tenant, you can basically break your lease at any time... you will lose your security deposit, but there isn't a housing court in the country that is going to force you to pay rent once you have moved out and forfieted your security deposit.....
The threat of paying the lease after you leave, while a nice club for landlords to threaten, is basically uneforceable in residential leases.
Thank you for your wise reply,Freedom.
How"smoker's rights"ever got to be part of the conservative agenda is beyond me.
Keep truth telling!