Re: Secondhand Smoke From Apartment Neighbors – Do I Have Rights?
I live in an apartment building and neighbor smokes. The smoke gets into my son’s room and, despite installing an air filter designed for smoke particles it still seeps in and smells. i can’t tell them to stop smoking – it’s their home – it’s their right.
Is there anyway you know of that i can rectify the situation for the benefit of my young son’s health? Can I demand improvements be made to the walls? Do I have any rights as to what carcinogens get into my home?
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7 Responses to “Re: Secondhand Smoke From Apartment Neighbors – Do I Have Rights?”
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January 26th, 2010 at 1:31 pm
I am just wondering what kind of a wall you have.
If smoke gets in from next door then what kind of a wall can it be? I just don’t get it.
I have seen UK homes and have to say their partition walls are a joke but even plasterboard will not let smoke through.
Surely there is something wrong with your wall and that’s where you should concentrate on, I mean’ use even sealing PAINT, that’ll keep smoke from coming in….
next, take the air filter BACK, get your money BACK and make sure you buy a working air filter, this shouldn’t be too difficult to get!
Next, if you are in talking terms with your neighbour perhaps you can ask them to smoke in another room, I wouldn’t mind if I was them, it depends on the kind of people they are.
Good luck
January 26th, 2010 at 7:59 pm
I think that i would just move. You know, just a word here. Unless your child has health problems already, that smoke is unlikely to cause harm. Millions of people have been raised in homes where not only did people smoke, but they used coal and wood stoves for heat and have lived well into their 80′s. The current situation with the smoking bans and such has caused nothing more than mass hysteria.
January 27th, 2010 at 12:15 am
If you don’t like smelling their cigarette smoke you could always move… or ask that they move.
January 27th, 2010 at 1:42 am
You could ask the owner if there is another room you could move to, away from the smoker. But because you don’t own the apartment, you can not stop him from smoking. Plus if the man or woman doesn’t know that the smoke is bothering you (they are doing it in their room I assume) then it could also be best to inform them. But be polite, being bitchy makes the situation worse. Or your third option could be to save money and find an apartment that doesn’t allow smoking.
January 27th, 2010 at 2:01 am
They will just tell you to move. I wish there was more you can do but in this case you are out of luck.
January 27th, 2010 at 2:13 am
You can sue under nuisance (tort) laws — if you can demonstrate that the smoke is harming you, and that you have made efforts to get the people to stop and/or to block the problem.
The specifics vary by state, so you’ll need to speak with an attorney licensed in your state.
January 27th, 2010 at 6:13 am
You can complain to management, but you’d probably have to demonstrate some type of medical problem (i.e. asthma) for them to do anything about it. Or find a new non-smoking building to live in.