Second Hand Smoke at Irvine Company Properties (Riverside, Carlsbad: apartment complex, lease)

[dvduval]

So I was told the only way I can avoid the dangers of second hand smoke entering my apartment from the neighbors, who have a hookah and smoke cigarettes constantly until well past midnight, is to always keep my windows closed.

It seems that many of the new apartments in OC are smoke free, making Irvine Company Apartments increasingly a place for smokers. There is an elderly couple next door who also keeps their windows closed for the same reason. Throughout the property there are cigarrette butts in the plantars, fountains and stairwells, and no ashtrays for proper disposal. It is not uncommon to see a cigarrette butt that was not put out before being thrown down.

Apart from this, it was great until I got a new neighbor under me that smokes constantly. I only recently realized why my wife and I have been coughing all the time.

They said I cannot break my lease and if I want to avoid the smoke I need to keep my windows closed. Can you think of anything I'm missing here that I could say that would better my situation?

[crabtrees]

Originally Posted by dvduval

So I was told the only way I can avoid the dangers of second hand smoke entering my apartment from the neighbors, who have a hookah and smoke cigarettes constantly until well past midnight, is to always keep my windows closed.

It seems that many of the new apartments in OC are smoke free, making Irvine Company Apartments increasingly a place for smokers. There is an elderly couple next door who also keeps their windows closed for the same reason. Throughout the property there are cigarrette butts in the plantars, fountains and stairwells, and no ashtrays for proper disposal. It is not uncommon to see a cigarrette butt that was not put out before being thrown down.

Apart from this, it was great until I got a new neighbor under me that smokes constantly. I only recently realized why my wife and I have been coughing all the time.

They said I cannot break my lease and if I want to avoid the smoke I need to keep my windows closed. Can you think of anything I'm missing here that I could say that would better my situation?

They're not doing anything illegal or against the complex rules, so outside of hiring an attorney and filing a lawsuit, there is nothing you can do. It's so annoying when non-smokers walk around demanding that those who smoke stop their lifestyle , as if their wants/needs/desires are more important and take priority. Maybe ask Irvine company to allow smokers to smoke inside their apartments....see how many are outside smoking after that.

[Arizona89A]

Tell the neighbors that the owner of the building is 82 years old and still works full time, share this video....Clear skin, no wrinkles, no "smokers" enlarged chin...Likewise for the 85 year old Marion Ashley if this was the Riverside County forum. Or even Chuck Washington, he must be well over 70, looks young.....
An activated charcoal carbon filter will get rid of smoke, but has to be purchased from a reputable company.



https://www.youtube.com/watch?v=XTLz2v88zWs

[kasuga888]

Is there any law about them having to be x feet away from the building? Maybe the Irvine company should implement these rules so smokers are force to smoke at the edge of the parking lot. Maybe try to switch out to another apartment in the same property... might cost you some move out/in fees though.

[kasuga888]

Originally Posted by crabtrees

They're not doing anything illegal or against the complex rules, so outside of hiring an attorney and filing a lawsuit, there is nothing you can do. It's so annoying when non-smokers walk around demanding that those who smoke stop their lifestyle , as if their wants/needs/desires are more important and take priority. Maybe ask Irvine company to allow smokers to smoke inside their apartments....see how many are outside smoking after that.

Its even more annoying that smoker infringe on the lives of non-smoker by stinking up the air. Maybe the OP can stomp on the floor or play the bass music all night too

[rsmfan]

I don't know of legal remedies for this situation-maybe someone could post something. But I would at least suggest working your way up the chain of command requesting a move to another apartment on the property at a favorable cost to you.

[crabtrees]

Originally Posted by kasuga888

Its even more annoying that smoker infringe on the lives of non-smoker by stinking up the air. Maybe the OP can stomp on the floor or play the bass music all night too

That's why the apartment comes with windows that shut. Close the window and the smell is gone. No different than if the neighbor was cooking nasty smelling food and the scent came into your apartment. I get it, cigarette smoke is super annoying to those who do not smoke, but having a cigarette (or 48) is not violating ANY law, ordinance, rule. They are completely legal and sold in almost all grocery stores, liquor stores and gas stations. Essentially you could say that the apartment complex is smoker friendly. If you don't like it then don't move there. There are plenty of apartment complexes going smoke free. Irvine Company will probably never ban smoking because, according to someone I know who works for the Irvine Company, too many of their residence are Asian, and many are from overseas who come out here and rent from them temporarily or permanently. They rent units all over Irvine for family, for personal use, for business etc. Smoking is a big part of the culture overseas, primarily with the men. The Irvine Company is going to cater to those clients, therefor smoking will be permitted.

[dvduval]

Originally Posted by crabtrees

They're not doing anything illegal or against the complex rules, so outside of hiring an attorney and filing a lawsuit, there is nothing you can do. It's so annoying when non-smokers walk around demanding that those who smoke stop their lifestyle , as if their wants/needs/desires are more important and take priority. Maybe ask Irvine company to allow smokers to smoke inside their apartments....see how many are outside smoking after that.

It says in the lease that residents may not endanger or inconvenience other residents. Secondhand smoke is proven to endanger other people. It is an inconvenience that I cannot use my patio because my neighbor smokes all evening outside. Most likely, I will just move because I am not poor and I can change my situation very easily. I am aware of a couple of lawsuits that have been won because of secondhand smoke. I don't have the time or patience to pursue this but I hope someone does. Second hand smoke harms people and if you don't believe that that is your problem not mine. And if you believe someone should be forced to be exposed to second-hand smoke in order to open their windows or use their patio, you should do a little thinking about that too.

[Arizona89A]

Originally Posted by crabtrees

That's why the apartment comes with windows that shut. Close the window and the smell is gone. No different than if the neighbor was cooking nasty smelling food and the scent came into your apartment. I get it, cigarette smoke is super annoying to those who do not smoke, but having a cigarette (or 48) is not violating ANY law, ordinance, rule. They are completely legal and sold in almost all grocery stores, liquor stores and gas stations. Essentially you could say that the apartment complex is smoker friendly. If you don't like it then don't move there. There are plenty of apartment complexes going smoke free. Irvine Company will probably never ban smoking because, according to someone I know who works for the Irvine Company, too many of their residence are Asian, and many are from overseas who come out here and rent from them temporarily or permanently. They rent units all over Irvine for family, for personal use, for business etc. Smoking is a big part of the culture overseas, primarily with the men. The Irvine Company is going to cater to those clients, therefor smoking will be permitted.

If you signed as rent responsible with Mr. Bren, then you can give 30 days notice. You might think about people where smoking is NOT ACCEPTED as part of the culture, such as the Mormons as compared to the Asians. I looked at a property in Temecula, which had a large LDS population, and they had designated non smoking buildings. In OC, I don't know if any cities or management companies are LDS owned. Even if they are does not necessarily mean that they will have a smoke free policy, but its worth looking into.

[Arizona89A]

Originally Posted by Arizona89A

If you signed as rent responsible with Mr. Bren, then you can give 30 days notice. You might think about people where smoking is NOT ACCEPTED as part of the culture, such as the Mormons as compared to the Asians. I looked at a property in Temecula, which had a large LDS population, and they had designated non smoking buildings. In OC, I don't know if any cities or management companies are LDS owned. Even if they are does not necessarily mean that they will have a smoke free policy, but its worth looking into.

I'm going to retract this post since Temecula and Riverside county have a meth problem, and I don't know if non smoking buildings will mention other substances, or, just tobacco. Meth smoke smells terrible. The Cities of Temecula, Murrieta, are hiring more police and driving the meth out, but its still around.

You might try Carlsbad for the original reason that I mentioned Temecula. Check Craig's List and if a lot of properties state no smoking inside or out, then that's a clue to who your very healthy owner MIGHT be !

I lived in Palm Springs and we didn't have much of a drug problem in my complex, but there were several smokers. Overall, the town has high meth and property crimes due to Riverside county's drug problem. Temecula and Murrieta crimes are much less, and, Irvine, south OC, and Carlsbad, of course is very low.