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Re: Unwanted cigar and cigarette smoke fills up apartment
#17
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Dtjc, we too were very surprised with this. We love our building and watched it as it was built. We walked the huge thick concrete floors that seperate our units many times. The problem lies in the sharing of the vent system. We are 4 units in a row and we somehow share the same vents ( they are all in a row to the roof). I'm not an engineer or anything so I didn't think to check on this when our beautiful new home was being built. The developer is well known here in JC for such a quality product and we couldn't be happier except with this now. Glad to hear that you are an ex-smoker. I've seen the devastating effects of smoking on many of my 'older' relatives ( Mom & Aunt currently suffer from emphysema - an Uncle who passed away after a 3 year long slow death after having a portion of his jaw removed, etc). I'm happy to hear that you took a more intelligent path and had the strength to get away from a life filled with disgusting filth swirling around you & your loved ones - good for you!

Posted on: 2011/10/19 16:49
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Bill463 wrote:
Sorry to read that you have to move. People that still smoke are insane to me with all of the medical evidence against it but what can you do. Most smokers I know take a very strong stance with it. You really cannot make them stop - it is 'their right'. I'm still amazed each day of the number of people I pass on the streets sucking on their cancer sticks. Young and old. Great looking and not so great looking. The folks above us have recently sublet their unit and as of July 1st we too have been treated with second hand smoke. We had our vent in our main bathroom shut off and closed but still some of the horrid stench seeps through. We air out the house as much as possible but are dreading the winter. I've already enjoyed one painful sinus infection. We met and spoke with the three chain smokers that live above us - they claimed that they are trying to quit and will smoke outside but they still smoke inside in spite of what they told us. What can you do. They seem like really nice folks except that they are addicted to the good ole' cancer stick. They choose to live in a smoke-filled world where everything they own is coated in carcinogens. It is shame that we must suffer a little too. And, no, another owner already tried with our board to make our building smoke-free. Unless it is a rule when the building is built you cannot enforce something like this after the fact.


I doubt that second-hand smoke is the root cause of your sinus infection, though it likely doesn't help. This time of year, shifts in temperature/barometric pressure create a lot of sinus trouble.

That being said, if the condo/apartment block owners allow smokers, then their building needs to be designed to insulate smokers from non-smokers. If it's not, that's a building design issue and a building owners issue, not a smokers issue. For the record, I'm an ex-smoker.

Posted on: 2011/10/19 9:39
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Sorry to read that you have to move. People that still smoke are insane to me with all of the medical evidence against it but what can you do. Most smokers I know take a very strong stance with it. You really cannot make them stop - it is 'their right'. I'm still amazed each day of the number of people I pass on the streets sucking on their cancer sticks. Young and old. Great looking and not so great looking. The folks above us have recently sublet their unit and as of July 1st we too have been treated with second hand smoke. We had our vent in our main bathroom shut off and closed but still some of the horrid stench seeps through. We air out the house as much as possible but are dreading the winter. I've already enjoyed one painful sinus infection. We met and spoke with the three chain smokers that live above us - they claimed that they are trying to quit and will smoke outside but they still smoke inside in spite of what they told us. What can you do. They seem like really nice folks except that they are addicted to the good ole' cancer stick. They choose to live in a smoke-filled world where everything they own is coated in carcinogens. It is shame that we must suffer a little too. And, no, another owner already tried with our board to make our building smoke-free. Unless it is a rule when the building is built you cannot enforce something like this after the fact.

Posted on: 2011/10/18 19:23
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Posted on: 2011/10/18 16:20
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Re: Unwanted cigar and cigarette smoke fills up apartment
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talkeetna wrote:
(loud, continuous swearing and yelling and feet stomping during Sunday football games).


Now that's intolerable.

Posted on: 2011/10/17 22:39
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Here is an update to my story:
Management is willing to let me off my lease. Apparently, it?s much easier to do that, than to enforce the terms of the lease with the smoker. It takes a long time to evict someone, so they would rather pass the buck to another tenant.
I really don?t want to move again. It was expensive to move and really exhausting. The management is supposed to send letters to the smoker family (2 adults + 2 adult children living in 2 bdrm apt) regarding the smoking and the excessive noise (loud, continuous swearing and yelling and feet stomping during Sunday football games).
We will see if this family can be courteous to their neighbors.

Posted on: 2011/10/17 20:58
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Re: Unwanted cigar and cigarette smoke fills up apartment
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This link has great suggestions for clarifying what you want (for example, is your goal to have the neighbor close his windows when he smokes, smoke cigarettes but not cigars, or not smoke in his apartment at all) and then taking action: http://www.wvsmokefreehousing.com/myf ... enants/smokernextdoor.pdf

I think one of the most important sections is about educating your management company. They may not be aware of two factors in your favor:

1) It is perfectly legal for NJ landlords to prohibit smoking in the building (although the prohibition would have to be added to your neighbor's existing lease upon renewal) and

2) Secondhand smoke probably violates the warrant of habitability or quiet enjoyment of your home (which would entitle you to withhold rent and potentially even claim damages).

I'm not suggesting AT ALL that you actually do withhold rent or take legal action, but I think it would be helpful to research your rights and calmly present information that will help to get management on your side. (You want them to understand that this is their problem as much as yours. You also want them to appreciate that you're willing to work with them, so they have an interest in keeping you in the apartment and not risking you moving out and a new tenant being much less tolerant and more litigious.)

If this were my apartment, I would absolutely require management to either ensure that my apartment isn't full of secondhand smoke or allow me to break my lease with no penalty and move.

Posted on: 2011/10/17 14:27
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Posted on: 2011/10/17 12:00
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Posted on: 2011/10/17 11:52
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Re: Unwanted cigar and cigarette smoke fills up apartment
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I think there is a point or two on this post, that isn't subject to law, but probably should be. I'm an ex-smoker, but I respect people's right to smoke so long as they are not damaging other people's health.

Second-hand smoke has been proven to cause health issues. Whether you think that banning smoking in public parks is a good or bad idea (as in NYC), most smokers wouldn't find such a ban unreasonable.

Similarly within condo/apartment blocks. I think people have the right to open their windows without having their rooms fill up with their neighbors smoke.

Posted on: 2011/10/17 11:19
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Quote:

Br6dR wrote:

I learned a new word.

pri?a?pic (pr-pk, -pk) also pri?a?pe?an (pr-pn)
adj.
1. Of, relating to, or resembling a phallus; phallic.
2. Relating to or overly concerned with masculinity.


All of this vocabulary talk is giving me a priapism.

Posted on: 2011/10/17 1:02
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Re: Unwanted cigar and cigarette smoke fills up apartment
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There is no doubt that with everything we know about the health hazards of smoking and second-hand smoke, that smoking can be deemed as anti-social behavior

Posted on: 2011/10/16 21:48
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Re: Unwanted cigar and cigarette smoke fills up apartment
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eggzbenedict wrote:
Quote:

CSXrailfan wrote:
Pardon my confusion.

Your neighbor is smoking with the windows open, but it's getting into your apartment. Are we to assume the smoke is reaching your apartment through your open window?

If so, you might want to get a box fan and put it in your window, facing out, allowing air from the seams in your front door to displace the smoke-laden air in your space. I can't imagine how much smoke could possibly find its way from one apartment, out a window, through the aether of the outdoors atmosphere, and into your window that it would be the source of a significant quality of life issue, unless you're very sensitive to the smell of smoke, which I guess is possible.

You could try talking to your neighbor, if you haven't done so already. While going over his/her head to management to bitch about stuff could be perceived as a lack of decency and/or respect and doesn't put you in the best position to bang on the door and ask for favors, being a decent human being and going face-to-face with someone you have an issue with can go a very long way towards resolving differences.

P.S.: Is "multiunit managed apartment building" realtor code for "priapic douchebag highrise"? If so, please update us on every development, minor or not.


Definitely talk to your neighbor first. I'm sure something could be worked out in a friendly manner.

Second. "Priapic"! I had to look that one up. Well done!


I learned a new word.


pri?a?pic (pr-pk, -pk) also pri?a?pe?an (pr-pn)
adj.
1. Of, relating to, or resembling a phallus; phallic.
2. Relating to or overly concerned with masculinity.

Posted on: 2011/10/16 19:33
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Quote:

CSXrailfan wrote:
Pardon my confusion.

Your neighbor is smoking with the windows open, but it's getting into your apartment. Are we to assume the smoke is reaching your apartment through your open window?

If so, you might want to get a box fan and put it in your window, facing out, allowing air from the seams in your front door to displace the smoke-laden air in your space. I can't imagine how much smoke could possibly find its way from one apartment, out a window, through the aether of the outdoors atmosphere, and into your window that it would be the source of a significant quality of life issue, unless you're very sensitive to the smell of smoke, which I guess is possible.

You could try talking to your neighbor, if you haven't done so already. While going over his/her head to management to bitch about stuff could be perceived as a lack of decency and/or respect and doesn't put you in the best position to bang on the door and ask for favors, being a decent human being and going face-to-face with someone you have an issue with can go a very long way towards resolving differences.

P.S.: Is "multiunit managed apartment building" realtor code for "priapic douchebag highrise"? If so, please update us on every development, minor or not.


Definitely talk to your neighbor first. I'm sure something could be worked out in a friendly manner.

Second. "Priapic"! I had to look that one up. Well done!

Posted on: 2011/10/16 12:59
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Of course smoke can travel through your window. The people in the apartment downstairs from us smoke in front of their apartment on the sidewalk and it comes right through our open windows.

Posted on: 2011/10/16 4:43
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Re: Unwanted cigar and cigarette smoke fills up apartment
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Pardon my confusion.

Your neighbor is smoking with the windows open, but it's getting into your apartment. Are we to assume the smoke is reaching your apartment through your open window?

If so, you might want to get a box fan and put it in your window, facing out, allowing air from the seams in your front door to displace the smoke-laden air in your space. I can't imagine how much smoke could possibly find its way from one apartment, out a window, through the aether of the outdoors atmosphere, and into your window that it would be the source of a significant quality of life issue, unless you're very sensitive to the smell of smoke, which I guess is possible.

You could try talking to your neighbor, if you haven't done so already. While going over his/her head to management to bitch about stuff could be perceived as a lack of decency and/or respect and doesn't put you in the best position to bang on the door and ask for favors, being a decent human being and going face-to-face with someone you have an issue with can go a very long way towards resolving differences.

P.S.: Is "multiunit managed apartment building" realtor code for "priapic douchebag highrise"? If so, please update us on every development, minor or not.

Posted on: 2011/10/16 3:10
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Unwanted cigar and cigarette smoke fills up apartment
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I live in a multiunit managed apartment building. My neighbor smokes cigars and cigarettes on his balcony or inside his apartment with the windows open, causing smoke to fill up my apartment.
I asked the building management to make him stop. I was told he has the right to smoke and I should close my windows. However, according to the building regulations, ?smokers should refrain from the level of smoke to become bothersome to others?.
I want him to smoke inside his apartment, with his windows closed and let the air filter take care of the smoke. Somehow, such request was unreasonable to the management.
Can you suggest what I could do? Are you aware of any state regulations that may help me?
Thanks

Posted on: 2011/10/16 0:26
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