Neighbors smoke in the apartment?

Question

So, for the past two-three weeks my upstairs neighbors won't stop smoking in their apartment upstairs. I've contacted them and the landlord and they still proceed to do it. My clothes are begging to smell like I'm a chain smoker when I've never even tried a cigarette. Idk what to do but its getting super annoying that no one cares.

Answer 1

You are right to be concerned. Everybody knows that cigarette smoke is harmful to children. And I am glad to hear that you care about this. I see way too many selfish, idiotic parents smoking around their children. However, while smoking is not a fundamental right, you do not have any legal standing to demand that your neighbor stop. You could and should try to politely ask the neighbor to stop smoking, but I doubt that he or she will. If your State or the apartment does not have a rule against smoking, your neighbor is not required to stop (it does not matter if smoking is or is not a right protected by the constitution; as long as the law does not prohibit it, he is not violating the law). I would recommend that you look for another apartment. Many apartments prohibit smoking, so it might be a good idea for you to move to one of those.

Answer 2

It could be that smoking is legal in your complex. If it is, write a letter to your landlord stating how many times you have reported the smoke coming into your apartment and they do not respond. Tell the landlord that perhaps a smoking area can be put into use for the smoking tenants. If smoking is prohibited where you live the landlord is liable. Since the landlord is not helping you, why don't you go to the County office dealing with Landlord Tenant Rights and file a complaint against the owners of your apartments. They will have to respond and deal with your not enjoying your apartment. They should be allowing you to transfer apartments where there are no surrounding tenants who smoke. If the smoke has caused health issues get a note from your doctor stating that smoke Is very bad for you and provide them a copy first.

Answer 3

What are the laws in your area regarding smoking? What are the rules of the building you live in. Where I live, people generally cannot smoke indoors and there are only certain designated places outdoors that allow smoking (so a lot of people have given up smoking). In my buidling, smoking is also banned because it does compromise the building structure (wood beams, carpeting, walls, etc.) plus makes it more of an insurance so the owner has it written in the leases that smoking is not allowed inside or anywhere on the property (hardwood floors can get charred if a cig (or other thing) burns them, smoke is hard to get out of sheetrock/plaster board--mostly the landlord is looking to NOT have to spend more money or time having to get rid of smoke-permeated things between tenants). If your landlord and the local laws don't ban smoking in the building, then you can't really do much of anything except plan on moving. In the meantime, buy a good air filtering machine (and plant it, if you can figure out where most of the smoke is filtering down to you at). A good air filtering machine does take the smoke smell out of the air but you may need to get several of them to put around your place.

Answer 4

A lot of these other answerers have made excellent points. It all starts with what is included in your lease, so read that and proceed from there. Perhaps talk to the local fire department regarding local ordinances as well.

Document everything, write and CC every complaint. Find out who all is higher up in the management company... make sure you CC to them on all written correspondence. A lot of management companies are absentee landlords, but they do have websites you can contact them through.

If the threat that you will not renew your lease isn't enough, the loss of paying residents is bad news. Renewals are the single best means of leasing.



On a more practical level... Febreze and boxes of baking soda everywhere. Baking soda absorbs the odors like you won't believe. Make sure you have smoke alarms that work because your neighbors are actively endangering you and everyone else in that building.

Answer 5

You are between a rock and a hard thing.



In most cites a law has been past that prevent smoking in rental units.Since this is a law of the city, many landlords no longer include in their lease or rental contracts that no smoking is allowed. The also do not advertise that their rental unit is a smoke free unit.



Since this is a city law it is like making noise in an apartment unit. You may call the police and inform them of your problem, however, a call about smoking or noise compliant is not high the police list to go directly to.



Telling the landlord that someone is breaking a law is not the landlords problem. The landlord is not a law enforcement agent.



You might inform the landlord that you are encountering a problem that is of a financial nature that require you to have your clothing cleaned, since the tenants above you are smoking. Since this is the case you will be suing the landlord as well as the tenant in small claims court for the cleaning of your clothing.



Your other option is to inform your landlord that the conditions you are currently living under with the smoke that is creeping into your rental unit would be cause for you to move.



Make sure you keep a record of the times you informed your landlord. You will need this proof in court if you move and your landlord file a claim against you for extra rent or damages.



Without proof, you would be like any other defendant in court, saying the famous lines "I did not know" I did not know is not a defense an ignorance of the law is not a defense either.



It takes time and is pain staking to have the proper proof to support your claim.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 6

Unfortunately, they have a right to smoke (legal) cigarettes in their own home, even if in a rented home. It is also unfortunate that the insulation is so poor that it does not block the smoke. All you can do is move. Sorry, I do not have a better resolution. -- Unless you want to befriend them and point out how unhealthy it is and suggest a way for them to break their expensive habit. Perhaps the patch or something? They might resent it though and they likely do not care about their health or they would not be smoking. If they are smoking an illegal substance, call the police and report it.

Answer 7

Go to your landlord and file a complaint. You should not have to live like that. Either they smoke outside or They lose out on a good tenant. Let them know how bad it has gotten and if your landlord doesnt care move. If he doesn't care to make his tenants comfortable then you don't care if he has to find another one. YOU pay him, not the other way around.

Answer 8

I have been in your situation although not for several years. I would suggest

you purchase an air cleaner. There are some you can get for around $60.00.

Also, you can purchase a foam tape insulation that you could put around

your suite door. It has a self-adhesive backing so it is very easy to put on.

On the bottom of the door you can get what is called a "door sweep." That

should seal your door well enough that the smoke smell can't get into

your suite. I did that with a couple of apartments I lived in and it worked

really well. I hope this helps.

Answer 9

I find it VERY hard to believe that somebody smoking in their closed flat upstairs will make your clothes stink or do you you live in a hut or something?

What happens when they cook onions? I'd fry vinegar chillies if you bothered me with my smoking (I don't smoke) that would clear you out immediately (and me, but I have a gas mask).

RE:

Neighbors smoke in the apartment? -

So, for the past two-three weeks my upstairs neighbors won't stop smoking in their apartment upstairs. I've contacted them and the landlord and they still proceed to do it. My clothes are begging to smell like I'm a chain smoker when I've never even tried a cigarette. Idk what to do but its getting super annoying that no one cares.

Answer 10

Well what did the landlord say? They might be able to smoke in their apartment and if so there isn't anything you can do.

Answer 11

Contact your landlord again.

Does your landlord know it's also seeping into YOUR apartment?

Because if your apartment even begins to smell like smoke as well, I believe that may be cause to not get your deposit back. You would be responsible for their damage.

Answer 12

I've had this same problem many times in my life and it's the reason I can't stand smokers. If they want to kill themselves they have every right to do it but don't take everybody around you with it. Second hand smoke is just as dangerous as the smoke going into the smokers lungs. Cigarette smoke goes into every crack in an apartment building. I can even smell cigarette smoke coming from cars when I'm driving on the highway. Most cigarette smokers are rude idiots and I can't

stand them. You can contact the landlord or talk to them face to face or if it's a non smoking building call the cops.



Just wait until pot is legalized everywhere and all us non smokers are getting high from pot smoke coming in our apartments.

Answer 13

If you live in a building that allows smoking & the tenant is not breaking any rules or laws then there is nothing you can do about it. Even if it is against the lease you still cannot do anything if the landlord refuses to reinforce it.

Answer 14

Get in touch with landlord as he is the only person who can assist you in this situation, whereas its their right and they are having a right to smoke on the stairs as they are not smoking in your apartment.

Answer 15

Well what did the landlord say? They might be able to smoke in their apartment and if so there isn't anything you can do.

Answer 16

Your ability to change the situation depends on whether the non-smoking rule is written into public law or whether it's simply a "policy" by the landlord. If the latter, there is nothing you can do about it unless it is causing you or anyone in your dwelling harm that you can prove.

Answer 17

Are you kidding me? It is their place because they are paying rent so they can smoke if they want too. You are a nosey neighbor and you need to mind your business. I believe it is time to buy your own home instead of being miserable and trying to get people kicked out over any little thing. GROW UP

Answer 18

Unless your lease guarantees that the entire building is non-smoking -OR- you can prove that your neighbor's lease specifies no smoking, there is nothing you can do to stop them from smoking in their home.



You can (politely) ask them to smoke outside.

Answer 19

My neighbor smokes outside the door (apartment) so others don't have second hand smoke. Ask your neighbors if they can do it like this.

Answer 20

Better to make a community and make rule to punish financial charge who smokes. If they were not obeying then file a complaint to court, Court have to listen because only single you are not complaining, instead a community.

Answer 21

Smoke a cigar upstairs

Answer 22

Unless the lease states no smoking in the building your "complaint" means nothing. When you lease is up go find a new place that does not allow smoking in the building.

Answer 23

Yes

Answer 24

When you moved in did you ask if it was a smoke free building? If not, you don't have the right to dictate how others live...or kill themselves.

Answer 25

Had a similar problem thank the Lord they moved out. The worst thing is they had a baby. Absolute nightmare

Answer 26

If this has been going on for only the past 2-3 weeks and your clothing, furnishing etc...are beginning to smell like YOU are a chain smoker.....Then you have a MUCH bigger problem than what the neighbors are doing in their home....THAT is more than likely why the "landlord" is rolling their eyes and producing "duck lips" when they hear your voice....IF they address the issue----THEY ARE going to HAVE no choice but to fix the problem.....Insulation, air flow, air duct work----That can get really expensive....on top of losing a renter that feels like they have been "targeted" because "they pay their rent and can do as they damn well please inside their home!"



As far as you contacting them---HOW did you contact them and---WHAT was your relationship like BEFORE you approached them? I ask because IF I were in their shoes and there was NO "peace" to begin with, never a friendly or just polite hello or smile between the two of you, and you came AT ME instead of coming TO ME....My vents---or whatever/however the smoke was entering your apartment would instantly begin to "chain smoke."



In society today, what you may have "Perceived" as adults trying to communicate and come to a amicable solution by simply asking them to please not smoke inside because it affects your health, your home....... versus their "Perception" which could have and apparently did take your request as "Telling them what they can or can't---will or won't do in THEIR HOME i.e. They may think you are just a "sadityass buttinsky" trying to "run their home" and may have been completely offended.



AT this point, the ball is IN your landlord's court......Make him DO HIS DAMN JOB. You have a right to live in harmony and be healthy-without being accosted in YOUR home by someone else's unhealthy habits. JUST LIKE they have the right to treat their bodies like dime store chimney's in their home.



It's the LL's RESPONSIBILITY to keep your world's from colliding or he needs to ante-up for one of your moving expenses.....



GOOD LUCK!!

Answer 27

Unless their lease prohibits smoking and the LL feels like enforcing their lease, not much can be done.

Answer 28

Yes they smoke

Answer 29

In my point of view such type of situation always come in our day to day life.But we have to adjust that type of situation. Its true that for somebody it is very critical to bear the smoking smell. It is very much uncomfortable to the people who never smoked.those people are smoking we never stop them .so the best way to survive that type of situation we have to accommodate ourself.the another way you go again and tell them politely with a very good manner that it is very unconscious to you and it is affected to your health in daily basis also.If they obey you then it is good otherwise you have to adjust with that type of situation.

Answer 30

Make friends with local musicians. Bagpipers, tuba and trombonists, rockoids, yodelers, Tibetan chanting techniques.Invite them back for late night jam sessions. My Daddy always used to say "It takes two to tango".

Answer 31

As they smoke in their apartment, nothing could be done excepting requesting them not to smoke !!

Answer 32

Go to Judge Judy

Answer 33

that's right no one cares, and is same on the net, and it's because in America we have freedoms and those people have freedom to smoke if they choose to. So it's a no-win/no-win situation. Your best bet is to get a fan that circulates the air (moves from side to side), and probably you can open the window as well. But there is something on the market that is like a small cigarette ashtray but it "pulls in" the air and cleans it. While I know that this would be a burden for you moneywise to purchase, if you're sensitive to smoke then it's your best bet since this won't be the first or only ever apartment where the people will be smoking, so solve this matter for yourself.



Know that when you have a problem with neighbors, for no matter what reason, you'd call the landlord/office and complain via a piece of paper.

The "only" reason you'd file a complaint with the police is if it's a life and death situation (like a firearm, pipe, knife or other deadly weapon is present) or if they're doing or growing drugs of any kind and you smell it and it's illegal to do so there.

Answer 34

put a fan facing outwards at your door or window which faces out cause this is probably where the smoke is coming from.

Answer 35

Unless specifically banned (by tenancy agreement or law) people can do what the want in their own home.

Answer 36

Just go over there, knock dem da faack out and eat cheex burgeres. I know dis becuase i'm a math teach3r at bishops college! dpeprprpr [e-mail]

Answer 37

If they are allowed to smoke in their apartment (which they likely are), there is nothing you can do.

Answer 38

Tell them no smoking inside.

Answer 39

Go to land lord

Answer 40

Move

Answer 41

Go and tell him if you want to die you can take smoke why you have try to kill me by smoke.....

Answer 42

I would throw a stink bomb under there door and then see if they care then

Answer 43

Yes I'Will.

:))

Answer 44

ball down in the aventador and scare them out

Answer 45

installing Fire alarms in the Building would be a good idea.

Answer 46

who cares. Its their apartment

Answer 47

its very bad, talk to them properly first otherwise you should complain to police if no one hear you because its very harmful for your health.

Answer 48

You might want to check your wiring...

Answer 49

You can file a official complaint with your local police. but before try to explain why you need to take this step to your neighbors. Might they understood your problemb

Answer 50

its best to discuss this with them if you have a problem with it.

Answer 51

they ar emsoking whats ya problem

Answer 52

Tell them not to smoke or you will give each a free *******!

Answer 53

thast disgusting

Answer 54

file lawsuit

Answer 55

myob

Answer 56

awesome

Answer 57

so

Answer 58

don't be such a sissy.

Answer 59

y u mad