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Re: What to do about Neighbor who smokes in apartment
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I have the same problem in my building and I've informed the landlord that the tenant below me is smoking. He has spoken to her and told me that is all he can do. He said if I can catch her in the act, he can do something about it. Really? Am I supposed to hang out on the fire escape and hope I catch her smoking?
It even states "No Smoking" in the lease, but the landlord is saying that if I'm so unhappy, then I should be the one to move. WTF? Really?

Posted on: 2010/1/8 15:24
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Re: What to do about Neighbor who smokes in apartment
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There may also be a clause in the lease. An increasing number of leases do include a non-smoking clause. If that's the case then your landlord needs to send a cease and desist letter before he can attempt to evict for the conduct.

Posted on: 2010/1/8 12:18
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Re: What to do about Neighbor who smokes in apartment
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Smoking has become a serious insurance issue lately because of fires. There is a clause in my condo association insurance policy as well as my own homowner insurance policy against smoking in the building or apartment. No one is allowed to smoke in my building and no one does. Alas, I do smoke and you can see me outside on these chilly winter days getting my fix. Ask your landlord if there is any clause in his building insurance regarding smoking.

JimA

Posted on: 2010/1/8 11:57
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Re: What to do about Neighbor who smokes in apartment
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Thanks Azul and bluehorse. I'm going to contact the landlord again. It's really a great building, and the other neighbors are really cool and aware that they have neighbors and are considerate. Just sucks that we have this problem.

Posted on: 2010/1/8 11:00
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Re: What to do about Neighbor who smokes in apartment
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Actually, you are more likely to win in a lawsuit than your smoking neighbor.

People wrongfully assume that you can do whatever you want in the privacy of your own home. Not true. Smoking is not a constitutional right, and is therefore subject to any applicable rules and regulations, such as Fair Housing Act or Americans with Disabilities Act. Your lease or condo association bylaws most likely will have a quality of life clause that forbids one tenant from interfering with another's enjoyment of his housing, including loud noises, noxious smells, etc.

Here is a document that explain legal options available to condo owners exposed to secondhand smoke.
http://tclconline.org/documents/lawsynopsis_schoenmarklin.pdf

I'm not encouraging you to sue your neighbor. Just didn't want smokers to think they're in the right while you suffer needlessly.

Posted on: 2010/1/8 10:46
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Re: What to do about Neighbor who smokes in apartment
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similar to tenant laws governing noise, you are entitled to "quiet enjoyment" of your apartment. you can always tell he landlord you are going to put the rent in escrow until they do something about it.

Posted on: 2010/1/8 10:16
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Re: What to do about Neighbor who smokes in apartment
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If you can smell them, then they can smell you.

May I suggest several nights of home-cooked meals:

Monday - fried fish
Tuesday - stewed curry beef
Wednesday - boiled cabbage/brussel sprouts
Thursday - sauted beef liver
Friday - something with roasted garlic

My mother-in-law's cooking would have them begging for mercy in under a week.

Posted on: 2010/1/8 9:47
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Re: What to do about Neighbor who smokes in apartment
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Quote:

1stStGuy wrote:
Quote:

MYBEAT wrote:
Theres nothing on the law books that suggests their breaking any laws and if anything, this may turn on you and they may seek suit if you continue to harrass them over their smoking habits.

Yes, there are attorneys who would entertain this.

You may want to move out.

Good Luck.


Nobody mentioned anything about laws being broken, and there certainly wasn't any mention of harrassment. But thanks for the help. Dick.


If you put something stupid out there, be ready for a reply!

LSR!!!

Posted on: 2010/1/8 9:45
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Re: What to do about Neighbor who smokes in apartment
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Quote:

MYBEAT wrote:
Theres nothing on the law books that suggests their breaking any laws and if anything, this may turn on you and they may seek suit if you continue to harrass them over their smoking habits.

Yes, there are attorneys who would entertain this.

You may want to move out.

Good Luck.


Nobody mentioned anything about laws being broken, and there certainly wasn't any mention of harrassment. But thanks for the help. Dick.

Posted on: 2010/1/8 9:42
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Re: What to do about Neighbor who smokes in apartment
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1stStGuy wrote:
So we are having this problem with our downstairs neighbor. The building we are in is obviously up there in age, and there a lot of gaps in the hardwood floors. The downstairs tenants smoke constantly all night when they are home, and it FILLS our apt. It stinks to high hell. They've been approached by both ourselves and the landlord and have informed them about the situation, but it appears they couldn't care less. It's starting to affect our health and comfort at home.

Other than an air purifier that costs several hundred dollars, any have any ideas?


Theres nothing on the law books that suggests their breaking any laws and if anything, this may turn on you and they may seek suit if you continue to harrass them over their smoking habits.

Yes, there are attorneys who would entertain this.

You may want to move out.

Good Luck.

Posted on: 2010/1/8 9:21
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Re: What to do about Neighbor...
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Do a google search - there is pending litigation that has something to do with smoking in your home and it having an impact on other residents. If the smoke is creating a health hazard it either is or will be illegal.

Posted on: 2010/1/8 0:27
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Re: What to do about Neighbor...
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i have the same problem with a neighbor across the hall. they both smoke indoors with the windows closed now because its winter.

one of my neighbors bought an air purifier but they still smell it sometimes. not to mention its raised their electricity bill having that sucker on 24hrs a day.

i basically bought a big honeywell fan and have it blasting against my door where the smoke/smell comes in. It works pretty well but its a bit loud and drowns out the tv. ofcourse this probably doesn't help you all that much since its coming in through the floors.

another thought is buying a cheap but very loud smoke detector that you can set off every time they start smoking. just act stupid when they come pounding at your door about the noise and blame it on the alarm(say the landlord just installed it). tic for tac. maybe they'll stop smoking so much inside.

Posted on: 2010/1/8 0:09
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Re: What to do about Neighbor...
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Landlords of buildings with three or more units must meet the standards in the New Jersey Hotel and Multiple Dwelling Health and Safety Code, or “multiple dwelling” code. This code is contained in regulations issued by the New Jersey Department of Community Affairs. Cite: N.J.A.C. 5:10-1.1.

This code has detailed and specific rules that cover everything, including locks, window screens,ventilation , pests, plumbing, painting, garbage, living space, and so on. You can find these regulations in your courthouse library or public library, or you can call the Department of Community Affairs, Bureau of Housing Inspection, in Trenton at (609) 633-6210 to purchase a copy.


http://www.lsnjlaw.org/english/placei ... ersix/index.cfm#6multcode


My friend had this same problem in the building he owns in Queens. He doesn't live there but his upstairs tenant was complaining about smoke. He bought a couple of fans and asked the downstairs smokers to vent their smoke while partaking. They were reasonable and complied and the problem was solved.

Posted on: 2010/1/7 22:04
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Re: What to do about Neighbor...
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Quote:

I_heart_JC wrote:
if it's any consolation, she'll probably die soon.


Ha, that's cool, but I'm still suffering in the meantime.

It's getting to the point where I'd rather have 12 cats and 5 litter boxes in my apt. It would be a refreshing change.

Posted on: 2010/1/7 21:40
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Re: What to do about Neighbor...
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if it's any consolation, she'll probably die soon.

Posted on: 2010/1/7 21:33
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Re: What to do about Neighbor...
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Terrible, see if the landlord will help you purchase an air purifier. Or do something about the insulation.

Posted on: 2010/1/7 21:24
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Re: What to do about Neighbor...
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Yeah, it's just as bad in spring/summer. Our bedroom window is DIRECTLY above (about 6 feet) the doorway where she stands outside to smoke. :/

Posted on: 2010/1/7 21:12
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Re: What to do about Neighbor...
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That's crazy, me too! But I don't think you live in my building. Last night I woke up with a terrible headache from the smoke.

We got this cheapish Arm & Hammer fan / purifier from Bed Bath & Beyond. We put that on, and it sort of helped a little.

Something like this:
http://www.jardenstore.com/productdet ... aspx?BrandId=494&pid=1195

Between that and spraying some NeutraAir... yeah, basically still sucked, to be honest.

I think it's the ice cold weather - people who ordinarily will smoke outside think its too cold to stand outside and decide that opening a window (or doing nothing at all) is good enough. It's not.

Let me know if you come up with anything better.

Posted on: 2010/1/7 21:07
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What to do about Neighbor who smokes in apartment
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So we are having this problem with our downstairs neighbor. The building we are in is obviously up there in age, and there a lot of gaps in the hardwood floors. The downstairs tenants smoke constantly all night when they are home, and it FILLS our apt. It stinks to high hell. They've been approached by both ourselves and the landlord and have informed them about the situation, but it appears they couldn't care less. It's starting to affect our health and comfort at home.

Other than an air purifier that costs several hundred dollars, any have any ideas?

Posted on: 2010/1/7 20:54

Edited by Webmaster on 2010/1/8 1:11:37
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