Where do my rights start and yours end? (apartment complex, lease, deposit) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

NancyWDavisRN · 07-07-2011, 12:32 PM

We recently relocated to a new town and we like it. But we have found our apartment complex is full of smokers. Before this turns into an us vs. them debate, please hear me out.

I live in a 6 apartment unit. 2 apartments on the ground floor and 4 above. Mine is one of the above and we pay extra for a balcony. Below us are 2 families. One family is a 20 something couple who smoke constantly. They do not have a patio so they hover in the doorway and smoke and it comes in my second story window AND my bedroom windows (third floor). I am constantly opening and closing my windows to keep out the smoke. This has offended them as well as their buddy, a 16 year old drop out they hang out with who also smokes.

They also have a dog who BARKS constantly at 6 am when the woman walks it. I have a dog but he's quiet. This thing yaps and yaps and the girl never hushes it. Most mornings it wakes up my kids.

Next to us we have a guy who smokes cigars and the smell is seeping in our place. We have sealed up as much as we can and taped up holes but it still gets in. We bought an air filter and this helps a little but the smell is terrible.

We tried to mention to management we are getting smoked out from 2 sides and they blew it off. The manager is a smoker who, like most people just wants the rent every month.

I'm not asking for advice. I know we are stuck dealing with this till we move. My question is, why are THEIR rights seemingly more important than ours (the right to clean air, the right to use our balcony without being glared at and having cigar and cigarettes puffed at us constantly?)

Please don't say "talk to them." This area has more smokers than I have EVER seen in my life. Even young kids seem to smoke. Mothers walk around puffing with little kids next to them. It's like something out of the 1970s when I was a kid.

Well, that's my rant.

CarlitosBala · 07-07-2011, 12:38 PM

I feel your pain. I absolutely loathe people who smoke inside their dwellings. It makes the place stink, it makes your stuff stink, and it kills your electronics. I myself am a smoker, but I never do it inside or in the car.. its just gross.

Seems like management doesn't care. Your neighbors don't care. I think this is a losing fight. You are better off seeing if you can get out of your lease and moving somewhere. You may want to cite "personal enjoyment" of the premises. But that's a looooooooooooooooooong shot.

And DO ask next time about smoking policies. You'll find that more and more landlords do not allow it, and certain local jurisdictions won't allow it either inside dwellings.

Best of luck.

STT Resident · 07-07-2011, 01:15 PM

You really should have done a better check before you moved in. As Carlitos said there are many complexes and private dwellings which don't allow smoking - in fact they're becoming more the norm these days and it's something you could easily have looked into before signing up. As far as the yapping dog is concerned, all I can suggest is that you talk to its owner and, if that fails, talk to the complex manager/landlord. Apartment complex living isn't easy.

manderly6 · 07-07-2011, 02:13 PM

Sounds like a sucky situation. I think your quesiton is valid as to the rights of smokers vs. the rights of non-smokers to be subjected to smoke. But you certainly don't have the right "not to be glared at".

Katie1 · 07-07-2011, 04:38 PM

You pay Extra cause a Balcony?? Dang what a rip! Since you Cant enjoy it I would check into reduction in rent...dont think you will get it but might Wake the LL up! Try putting a Fan in your window to blow OUT so the Smoke wont come in! Dog keeps yapping Call the Law! IF the owner & LL does Nothing! IN ALL cases Ask a Lawyer about Breaking the lease do to LACK of Peaceful Enjoyment Which is YOUR Right! Good Luck!!

jamies · 07-07-2011, 08:55 PM

I'd write off my deposit and move outta there.

BTW - your rights to smoke or make noise end when they interfere with my rights to not breathe it or listen to it.

KonaKat · 07-07-2011, 10:21 PM

SEnd a certified letter to the management company and see if that motivates them. Tell them what you want, just that the people move away from the building for a few feet so that the smoke does not come up into your apartment. If the dog is barking during what your city ordinance considers as a noise violation (typically 10 or 11 pm to 6 am) cite the time of day the dog is barking. How many minutes before he quiets down? That is also usually in the ordinance such as 10 minutes of constant barking.

At any rate write the letter and ask for what you want, and offer options. Meanwhile, about 2 months from lease expiration start looking for another rental. I would not recommend breaking the lease and moving out and just "write off the deposit and move" because they can report you to databases as such, and you don't want that. Be sure to comply with your lease as far as giving notice etc. is concerned.

PacificFlights · 07-07-2011, 10:32 PM

Smoking has been rules by many courts as a odor issue absent any laws requarding smoking. As such, few will act because where would it end? Is cooking odors grounds for action? Is air fresheners grounds for action? Is scented candles grounds for action? It opens the doors for all sorts of odor complaints.

That dont mean you have no options.
1. Grab your lease and read it for anything related to smoking.
2. See if the lease has anything about offensive nuisances.
3. Contact your local city, county and state agencies on smoking and find out if there are any local laws that restrict smoking and under what situation.

Just because the lease may not prohibit smoking, there may be laws that require smokers to be X number of feet from other dwellings, or may require apartments to establish a designated smoking area away from dwellings. Some may prohibit smoking in common areas. Knowing what the laws are will make it easier for you to know if you have little options or a whole bunch of options.

Koale · 07-08-2011, 04:16 AM

Quote:

Originally Posted by NancyWDavisRN

We recently relocated to a new town and we like it. But we have found our apartment complex is full of smokers. Before this turns into an us vs. them debate, please hear me out.

I live in a 6 apartment unit. 2 apartments on the ground floor and 4 above. Mine is one of the above and we pay extra for a balcony. Below us are 2 families. One family is a 20 something couple who smoke constantly. They do not have a patio so they hover in the doorway and smoke and it comes in my second story window AND my bedroom windows (third floor). I am constantly opening and closing my windows to keep out the smoke. This has offended them as well as their buddy, a 16 year old drop out they hang out with who also smokes.

They also have a dog who BARKS constantly at 6 am when the woman walks it. I have a dog but he's quiet. This thing yaps and yaps and the girl never hushes it. Most mornings it wakes up my kids.

Next to us we have a guy who smokes cigars and the smell is seeping in our place. We have sealed up as much as we can and taped up holes but it still gets in. We bought an air filter and this helps a little but the smell is terrible.

We tried to mention to management we are getting smoked out from 2 sides and they blew it off. The manager is a smoker who, like most people just wants the rent every month.

I'm not asking for advice. I know we are stuck dealing with this till we move. My question is, why are THEIR rights seemingly more important than ours (the right to clean air, the right to use our balcony without being glared at and having cigar and cigarettes puffed at us constantly?)

Please don't say "talk to them." This area has more smokers than I have EVER seen in my life. Even young kids seem to smoke. Mothers walk around puffing with little kids next to them. It's like something out of the 1970s when I was a kid.

Well, that's my rant.

As you probably already know, unless their lease states 'no smoking' they are perfectly w/in their rights. I would have assumed that if you are sensitive to smokeing you would have investigated a bit more thoroughly before signing your lease. It doesn't seem like there is really much you can do about it.
Best of luck,
Koale

NancyWDavisRN · 07-08-2011, 06:24 AM

Thanks for your slant(s)/ideas.

The dog thing is not tragic. I like dogs and they do bark.

I wish I could say I had time to investigate all apartments but I received a job offer after being unemployed 5 months so I took it--in a new city. I did not have time to investigate all my housing options from 6 hours away. I came here and looked and neither my spouse or I saw or smelled anything out of the ordinary.

I will keep trying to deal with it. Still, nonsmokers do have few options.

As for being glared at, I don't expect to be protected from it. I do not expect, however, to be the recipient of abuse because I choose to not hang out with a bunch of smokers who are playing a dominance game.