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Old 10-04-2009, 06:59 PM
 
Location: on the edge of Sanity
14,268 posts, read 18,938,206 times
Reputation: 7982

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Maybe I'm the crazy one. In July I tripped over a chest in the furnished condo I'm renting. I was only supposed to be here for 2 months. (June & July) I broke my pinky toe and a bone in my foot and still can't walk normally. At least 3 people have asked me if I plan to sue. My response is "Sue for what?" I said over and over again for 7 weeks "That chest is in the way." Sure enough, as I was carrying things to pack in my car at the end of July, I didn't look where I was going & walked right into it. It really, really hurts.

Anyway, maybe people expect you to sue. We live in a very litigious society. (However, I did ask for a break on the rent to help over my doctor bills!)

These people don't even sound like good clients for an ambulance chaser.
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Old 10-04-2009, 07:25 PM
 
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,023,210 times
Reputation: 36027
Quote:
Originally Posted by sailordave View Post
I think these women need to see a shrink. If you're that allergic to cigarette smoke then you should have looked for and moved into a non-smoking complex. Seems the apartment management went out of their way to try to satisfy these women to no avail. I've had the displeasure of meeting people like this. I hope to never see such people ever again.
Although I would never go as far as suing my landlord, it is challenging for a non-smoker to live in a complex where the neighbor's cigarette smoke filters into your unit. Whenever I would come home, my bathroom always reeks of stale cigarette smoke as if someone was physically inside my bathroom. I would love the option of moving into a non-smoking complex but have yet to find any here in California. I think that landlords need to start building units that are properly insulated where cigarette smoke cannot wafer into another unit or have smoking/non-smoking sections. A non-smoker should not have to put up with someone elses cigarette smoke within their unit!
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Old 10-04-2009, 07:28 PM
 
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,023,210 times
Reputation: 36027
Just a clarification, I am strongly opposed to frivilous lawsuits and feel that our nation is way too sue-happy.
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Old 10-04-2009, 08:58 PM
 
Location: Sarasota, Florida
15,395 posts, read 22,528,563 times
Reputation: 11134
Quote:
Originally Posted by sailordave View Post
I think these women need to see a shrink. If you're that allergic to cigarette smoke then you should have looked for and moved into a non-smoking complex. Seems the apartment management went out of their way to try to satisfy these women to no avail. I've had the displeasure of meeting people like this. I hope to never see such people ever again.
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/093009dnmetsmokingfeud.3ed620b.html - broken link)
A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.
A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. There is a solid, two-hour fire wall from the foundation to the roof between each of the homes.
And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.
The Daniels said furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned. The bills are still piling up.
"There's nothing in our home that was ready made. I picked out fabrics, everything was custom made and everything was spotless," said Chris Daniel.
Kathy Carlton, director of government affairs for the Apartment Association of Greater Dallas, said she's never heard of a case such as the one filed by the Daniels.
She said most people who are highly sensitive to cigarette smoke don't move into a community or a building where it's allowed.
"Generally, this stuff is the property owners' prerogative, and people either live by the rules or move on down the street," Carlton said.
Nicole Lott, property director at Estancia, said it's been a long year of acrimony.
Managers replaced air filters repeatedly, installed sealant-type electrical plates and – at the Daniels' request – used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet.
When that didn't work, managers tried to negotiate a move for both tenants within the community.
Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.
"We've done more for these people than we've ever done for anyone else," Lott said. "I don't think it's possible to satisfy them."
I find it ridiculous too........and everyone is the king of their own castle, so if it really bothered them so much, why live there? why renew the lease???. Reminds me of Sarasota, where you cannot smoke outside at the beach; but get to breathe car and truck exhaust while waiting for a bus(the benches are 2 feet away from a 6 lane highway and if you stretch your legs traffic would clip them). We have more "rules" against personal liberties than the former Soviet Union did. Bring back the Cold War...LOL....
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Old 10-05-2009, 10:20 AM
ttz
 
Location: Western WA
677 posts, read 1,666,846 times
Reputation: 430
The problem with them moving is they are probably going to encounter another smoking neighbor. If they feel so strongly about it (and it seems so) they should move and buy a house, that way there is no smoking neighbor. Problem solved! Why go through the aggrevation for over a year like they did is beyond me!

Some cities/states are banning smoking in apartment buildings now so maybe in the not so distant future this problem will not be an issue. If you want to smoke in your place, get a house. An apt/condo where a non smoker is on the other side of the wall is not fair to them to smell your cancerous stale smoke. If may be hard for a smoker to comprehend this, but there is nothing worse to a non smoker, than to come home and smell stale nasty cigarette smoke in your house or on your clothes!

I am sure many a non smokers can attest to this. You went to a night club (back in the day) and when you got home or the next day you smell the smoke on your clothes!
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Old 10-05-2009, 10:26 AM
 
Location: Keonsha, Wisconsin
2,479 posts, read 3,235,949 times
Reputation: 586
Quote:
Originally Posted by sailordave View Post
I think these women need to see a shrink. If you're that allergic to cigarette smoke then you should have looked for and moved into a non-smoking complex. Seems the apartment management went out of their way to try to satisfy these women to no avail. I've had the displeasure of meeting people like this. I hope to never see such people ever again.
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/093009dnmetsmokingfeud.3ed620b.html - broken link)
A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.
A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. There is a solid, two-hour fire wall from the foundation to the roof between each of the homes.
And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.
The Daniels said furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned. The bills are still piling up.
"There's nothing in our home that was ready made. I picked out fabrics, everything was custom made and everything was spotless," said Chris Daniel.
Kathy Carlton, director of government affairs for the Apartment Association of Greater Dallas, said she's never heard of a case such as the one filed by the Daniels.
She said most people who are highly sensitive to cigarette smoke don't move into a community or a building where it's allowed.
"Generally, this stuff is the property owners' prerogative, and people either live by the rules or move on down the street," Carlton said.
Nicole Lott, property director at Estancia, said it's been a long year of acrimony.
Managers replaced air filters repeatedly, installed sealant-type electrical plates and – at the Daniels' request – used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet.
When that didn't work, managers tried to negotiate a move for both tenants within the community.
Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.
"We've done more for these people than we've ever done for anyone else," Lott said. "I don't think it's possible to satisfy them."
And just where were the cigartte police when this was going on?
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woman sues neighbor and landlord for neighbor's smoking-cigpolice.jpg  
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Old 10-05-2009, 10:37 AM
 
Location: um....guess
10,503 posts, read 15,567,747 times
Reputation: 1836
Quote:
Originally Posted by Chatteress View Post
Although I would never go as far as suing my landlord, it is challenging for a non-smoker to live in a complex where the neighbor's cigarette smoke filters into your unit. Whenever I would come home, my bathroom always reeks of stale cigarette smoke as if someone was physically inside my bathroom. I would love the option of moving into a non-smoking complex but have yet to find any here in California. I think that landlords need to start building units that are properly insulated where cigarette smoke cannot wafer into another unit or have smoking/non-smoking sections. A non-smoker should not have to put up with someone elses cigarette smoke within their unit!
Connie, you are exaggerating for sure. I live in Milwaukee, where smoking is still allowed & there are many MANY complexes that are non-smoking. You cannot even tell me that there are NO complexes where you live in California that is non-smoking. ESPECIALLY considering that state went smoke-free. Come on, whenever this subject comes up I'm beginning to think that you complain just to complain.
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Old 10-05-2009, 10:48 AM
 
2,229 posts, read 1,687,105 times
Reputation: 623
It is impossible for smoke to get into the adjoining unit. The article is right, a mandatory 2 hour fire wall is required between units. Infact, I have seen pictures of row houses where the one in the middle burnt completely to the ground while the units on either side of the 2 hour fire wall were unaffected.

The idea that they need to wear gas masks in their unit is absurd. Not to mention they renewed a lease AFTER the problem started.

Morons.
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Old 10-05-2009, 11:51 AM
 
41,813 posts, read 51,059,937 times
Reputation: 17865
Quote:
Originally Posted by jcarlilesiu View Post
It is impossible for smoke to get into the adjoining unit. The article is right, a mandatory 2 hour fire wall is required between units. Infact, I have seen pictures of row houses where the one in the middle burnt completely to the ground while the units on either side of the 2 hour fire wall were unaffected.

And to add to that the manager apparently went overboard to seal up any other possible places like the electric outlets. Just not buying her claim one bit.
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Old 10-05-2009, 02:44 PM
 
Location: Tennessee
37,803 posts, read 41,019,978 times
Reputation: 62204
Who here lives in an apartment? I do. The smoke comes through the walls. Newer apartments tend to have back to back same rooms so, for example, on the other side of your bedroom is someone else's bedroom. I'm waiting to see if they legalize marijuana. I'll join in any lawsuit there. I'd rather have a neighbor sticking a needle in his arm.

You move into an apartment under a lease and have no control over when your neighbors move in and out. You could be perfectly happy with your neighbors and then 3 months later someone else moves in to ruin it and you're stuck with them for another 9 months. I have never heard of a smoke free apartment complex or smoke free apartment buildings and I've lived in apartment complexes in 3 different states.
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