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Problem: impossible to seal units air tight or discover where/ how the smoke is traveling between units behind walls and in the building structure.
Discussions:
1) Was cigarette smoke ever been deemed to be a nuisance in the legal sense of the word by any court in NJ? Searched on Nolo, findlaw and other places but could not find any relevant answers.
2) Constructive eviction & cigarette smoke from one unit entering another non-smoking unit.
Leases for both do not prohibit smoking but contain language for Quiet Enjoyment and prohibit tenants from disturbing others (mention of "smells" is made).
Does secondhand smoking render a neighboring unit uninhabitable as per the NJ legal definition of constructive eviction?
3) As a property manager/ owner, if evicting or convincing the smokers to stop or move-out is not possible, what others techniques or methods have you used when dealing with smokers stinking up other units and deteriorating other peoples' lives?
I've not heard of anyone successfully bringing such a suit and I don't believe this falls under the right to quiet enjoyment umbrella. If the complex was designated non smoking then of course the offending tenant could be given notice for breaking the lease. In this case there's no non-smoking law in effect so the solution for any tenant who's bothered by it is to move to a non smoking complex. Better yet, don't even move into a complex where smoking is allowed in the first place.
There are plenty of cases where tenants or owners of a unit take their neighbor and/ or landlord to court when the smoke is such that it's everywhere and nothing done could remedy it.
Can you imagine coming home and your unit reeks of stale cigarette smoke? Your suits in your closet smell, your rugs, your pillows you just washed last weekend etc.
I also lived in a smoke-free building years ago and unless the owner is willing to enforce it, that does not help. In fact smokers ignore it, they say, sure no problem, move in and start smoking. The more of them do it, the less likely the owners is going jeopardize income and evict a good chunk of his rent roll + legals fees to do the right thing. Sad and that's my experience.
There are plenty of cases where tenants or owners of a unit take their neighbor and/ or landlord to court when the smoke is such that it's everywhere and nothing done could remedy it.
People take people to court for any number of reasons. I agree with the previous poster - please provide citations where these cases have been adjudicated in favor of the plaintiff(s).
I found an article about suing your landlord and your neighbor, if their smoke interferes with your ability to enjoy your apartment - even if smoking is allowed. It mentions different states, though not New Jersey.
From a manager's standpoint, our building is a non-smoking building, and it says so in the lease. So far, I've been able to post notices regarding someone being affected by smoke in the building, and reminding tenants to smoke outside.
I did catch one lady, and gave her a verbal warning. If i continue to get complaints about her, I will issue a written notice, and eventually give her a 30 day notice to move, if I have to.
Catching the offender is difficult.
What you could possibly do, as was mentioned in the NJ article above, is get the management to change the rules to non-smoking with new tenants.
Otherwise, you could try suing, though it doesn't look real hopeful.
Thank you! This was helpful. I suggest everyone reads that.
From your doc: On the other hand, some lawsuits against the smoking
condominium neighbor have been successful.
In response to the previous contributors: I don't know where/ how to look up legal cases and their ruling. Some where mentioned in the doc linked to above.
From I have been reading on the web plenty of people across the nation tried but I never get to see the outcome.
Perhaps, you two are right: there may never have been a ruling in favor of the vexed party.
It's just hard to believe something so invasive would not be determined to be a nuisance.
I found an article about suing your landlord and your neighbor, if their smoke interferes with your ability to enjoy your apartment - even if smoking is allowed. It mentions different states, though not New Jersey.
From a manager's standpoint, our building is a non-smoking building, and it says so in the lease. So far, I've been able to post notices regarding someone being affected by smoke in the building, and reminding tenants to smoke outside.
I did catch one lady, and gave her a verbal warning. If i continue to get complaints about her, I will issue a written notice, and eventually give her a 30 day notice to move, if I have to.
Catching the offender is difficult.
What you could possibly do, as was mentioned in the NJ article above, is get the management to change the rules to non-smoking with new tenants.
Otherwise, you could try suing, though it doesn't look real hopeful.
Good luck.
You do realize that if the building is not currently a non-smoking building and it has tenants already in place that rented there while it is NOT a non-smoking building that this could cause a great many tenants to leave, right, because they leased it under one premise and it's being changed for one tenant?
I don't smoke, it doesn't agree with me, but this "solution" rubs me the wrong way.
You do realize that if the building is not currently a non-smoking building and it has tenants already in place that rented there while it is NOT a non-smoking building that this could cause a great many tenants to leave, right, because they leased it under one premise and it's being changed for one tenant?
I don't smoke, it doesn't agree with me, but this "solution" rubs me the wrong way.
Well, it is what it is. Some nuisances have been enforced where there was a nuisance before a tenant moved in.
For instance, a tenant moves into a new housing development, then they complain about the dairy operation next door, that's been there forever.
It's a building where smoking is allowed in the lease. So people are going to smoke and it is going to stink.
People who don't smoke and who don't like the smell of cigarettes should not rent in a building where smoking is allowed. If they do rent there, they have no business complaining that their neighbors are smoking, since they knew before they moved in that they would have neighbors who smoked.
OP is posting in NJ where it is virtually impossible to get a tenant out of a rental. Even a lease expiring won't get them out. So, I suspect that the courts will not issue an order of eviction for smoking. Probably not even in a non-smoking building.
Absolutely no way I would ever be a landlord in New Jersey.
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