What can be done about tenants below us smoking in their apartment?

posted 3 years ago in Legal
Post # 2
Member
42490 posts
Honey Beekeeper
  • Wedding: November 1999

DiamondnLovey:  Are they doing anything contrary to the rules of the apartment building?

If not, unfortunately you may have to move. They can’t be evicted or ordered to smoke outside  if the building doesn’t have rules against smoking indoors.

.

Post # 4
Member
42490 posts
Honey Beekeeper
  • Wedding: November 1999

DiamondnLovey:  Do you have a lease? What does it say? Did the landlord give you a copy of any rules when you moved in?

Post # 5
Member
6505 posts
Bee Keeper
  • Wedding: June 2013

Take a look at the lease and see what it says. If smoking is permitted in the apartment there really isn’t much you can do.

Post # 6
Member
2649 posts
Sugar bee
  • Wedding: October 2010

DiamondnLovey: Are they permitted to smoke in their unit? I’m a landlord and I have a specific clause that states no one is allowed to smoke in the premises.  If they are breaking a lease term, notify your landlord and insist that they make it stop. 

If smoking isn’t specifically disallowed in the lease, then they have a right to smoke in their own home so the solution, if there is one, is going to have to come from either the landlord or yourselves. 

Ask the landlord is something can be done about the air circulation/ventilation.  If not, maybe you could buy an air filter/purifier? 

You could always approach the other tenants nicely and plead the case for your baby and ask if it might be possible forvthem to smoke outdoors or maybe confine it to a room away from the one under your baby’s.  The worst they can do is say no. 

Good luck.

Post # 7
Member
1622 posts
Bumble bee
  • Wedding: October 2014 - Cape May

The only suggestion short of moving or talking to a landlord is picking up an air purifier for the time being. I grabbed one off Amazon for under 40$ and it really makes a difference.

Post # 8
Member
2649 posts
Sugar bee
  • Wedding: October 2010

DiamondnLovey:  Most landlords use a standard lease so the terms set forth in yours are most likely identical to theirs.  What does your lease say?

Post # 9
Member
9949 posts
Buzzing Beekeeper
  • Wedding: June 2013

I had this happen to me — the ventilation made all the smoke from the weirdo’s apartment below mine go right into my apartment.  I walked downstairs, knocked on the door, and said something like, “Hey, the smoke from your apartment is all going into mine.  Do you mind opening a window or something?”  She was nice about it.  I also called the landlord, since it was against her lease, which was less-than-direct of me, but it got rid of the problem (she was evicted).   Between the time she left and the time I talked to her, the smoke wasn’t as bad.  

Post # 11
Member
692 posts
Busy bee

A air purifier will not help much in protecting you and your baby from the carcinogens in cigarette smoke. Check your lease. You never replied about whether smoking is allowed or not.

Post # 13
Member
8706 posts
Bumble Beekeeper
  • Wedding: December 2012

Then I’d suggest talking to the landlord.<br /><br />Air purifiers are supposed to pull impurities out of the air. It literally purifies the air. But it can’t grab everything and it can’t purify an entire room at one time. They’re handy and they do help with most stuff, but not everything.

Post # 14
Member
2052 posts
Buzzing bee

I would talk to the landlord. If they allow smoking in their building then it’s their responsibility to make sure their other tenants aren’t bothered by it.

Post # 15
Member
6028 posts
Bee Keeper
  • Wedding: October 2014

a_day_at_the_fair:  it’s really not the landlors’s responsibility to make sure one tenant is not bothered by another tenant’s cigarette odors, cooking odors, piano practice (at reasonable hours), TV (at reasonable hours), etc. These are all potential risks when you live with your living space connected to some one else’s, and with a few exceptions for things that are either socially unacceptable or prohibited by zoning regulations, one person’s right to enjoy their home undisturbed doesn’t trump another person’s. So, because there’s usually zoning laws to prevent it, if another tenant is running a snowblower outside at 6 am, the OP would be within her rights to insist the landlord put a stop to it, but because smoking is still legal, her landlord doesn’t have  any responsibility to make the other tenant stop, provide an air filter, etc.

It might sound harsh but we all do something that annoys our neighbors and if you want to make sure that your neighbors never annoy you, then apartment life probably is not for you. 

Leave a comment


Sent weekly. You may unsubscribe at any time.

Find Amazing Vendors