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Smoking Neighbors...
- Thread starter Turkish
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You may have some legal recourse, but that would depend on how your state's laws have been written and interpreted and how common law is understood there.
If things get too bad, see if a law school in your state/area offers a tobacco related clinic - you might be able to squeeze some free work or advice.
Theories that you may want to consider - breach of covenant of quiet enjoyment, breach of the implied warranty of habitability, and tresspass. Some would be significantly tougher than others. The goal would be for the management to do something that would resolve to problem - maybe move you, maybe install industrial quality filters in the home, maybe canopies over the balcony to force the smoke away from the building. You may be able to get them to let you have another unit - but I would demand that they (in writing) promise to not permit smoking in adjacent units. Another solution be be release from your lease.
As for confronting your neighbor, I would be careful. All too often I've seen vehicles vandalized in response to even a polite frank discussion.
Remember there are always solutions - just be on the lookout.
If things get too bad, see if a law school in your state/area offers a tobacco related clinic - you might be able to squeeze some free work or advice.
Theories that you may want to consider - breach of covenant of quiet enjoyment, breach of the implied warranty of habitability, and tresspass. Some would be significantly tougher than others. The goal would be for the management to do something that would resolve to problem - maybe move you, maybe install industrial quality filters in the home, maybe canopies over the balcony to force the smoke away from the building. You may be able to get them to let you have another unit - but I would demand that they (in writing) promise to not permit smoking in adjacent units. Another solution be be release from your lease.
As for confronting your neighbor, I would be careful. All too often I've seen vehicles vandalized in response to even a polite frank discussion.
Remember there are always solutions - just be on the lookout.
So exacerbating the situation is better? That's very mature of you. I've found that talking to my meighbors about anything they may be doing that bothers me helps a lot. Banging on floors and such is only going to get you more of the same, if not worse.
That's why I live here because about 85% of the population here in this town doesn't smoke. I do talk to people directly but approximately 75% of the time it doesn't work. Honestly, I believe in the art of merrymaking and pranks after the epiphany.
L
Lau
Guest
One of these days, you'll inadvertently post something that isn't troll-tastic and be disappointed in yourself.
Anyway, I think mentioning to them that if they wouldn't mind letting you know so you can shut your windows is a good one. We used to have a neighbour that burned all his garden rubbish, including things like plastic and other fine smelling things. I asked him if he wouldn't mind letting us know when he was going to do that 'cause it made our hung-out washing stink and so we could shut our windows and he was fine with it, and actually did it a lot less. If you're not asking someone to stop something, but to think about how it affects other people, it usually works well.
I've had pretty bad luck with both talking to people and letting people know about my irritation "cold war" style. Even if someone says they'll try and be considerate, they will probably forget about you in a week and it will impossible to remind them without being a nuisance.
At least the smoke isn't finding a way into your apartment even with the windows closed. I've lived in a couple places where there was no way to avoid things like smoke and loud noise at the worst possible times.
At least the smoke isn't finding a way into your apartment even with the windows closed. I've lived in a couple places where there was no way to avoid things like smoke and loud noise at the worst possible times.