Downstairs tenants smoking in the house

[Shahrazad]

I am hoping someone might have more experience than me about this issue. We live in the top floor of a 2 family house and new tenants just moved in a week ago. They have already had a plethora of problems and disturbances so we can definitely tell they are not ideal neighbors but the biggest issue at the moment is that the tenant's boyfriend (who she has apparently moved in after she kicked out her roommate w/physical fight and police intervention on the night they moved in) is constantly chain smoking inside the house downstairs. The hallways/stairway smells like an ashtray and the smoke comes through the vents so now we can smell cigarettes strongly in our house. I've been getting headaches from the smell, my kids are coughing, and my baby is considered to be at high risk for developing asthma... I've already called the property management group and they weren't very helpful (they are just 'sending them a letter'), we are looking to find if we can find another place so we don't have to renew our lease and stay here with this issue for another year but we have not found a suitable place yet and we will still have to remain here until the end of August. I'm so angry but I also can't confront the lady because she doesn't seem completely in her right mind (my husband had a run-in with her and she was acting so strangely he is convinced she is unstable).

[lexi]

I'm so sorry! That is terrible! I'd want to move right away! I'm not sure what you can do. Does it have a no smoking clause in your lease?

Our rent home says no smoking indoors.

I don't know how you can get it enforced though. I hope it's worked out soon! That smell would make me feel sick and I would be so angry!

[Sammish]

You have my sympathy - we went through pretty much this same thing about 4 years ago. The new tenant downstairs had her daughter and hoodlum boyfriend move in with her, and they all smoked like chimneys. I called and complained to the landlord, and he said it wasn't against the lease. I went downstairs and talked to the people themselves, explaining that we had a baby, and our living room was actually visibly smokey. They couldn't have cared less. It ended up being the push we needed to move out, but for the last few months we were there we ended up buying an ionic air purifier, which did help some. Sorry, wish I had better advice.

[Shahrazad]

Thanks! I thought it is not allowed in the lease but when I called them they didn't seem like it was a big deal or they could do much about it so perhaps not (I need to have a look). I'm just baffled at their lack of concern because they actually gave me a very hard time when no one was living downstairs (so no one to disturb and I wasn't worried about keeping it down) because they said my children were 'too loud' (during daytime hours, my son was playing with his sit-in car on the floor and the baby was in his bouncer, the house is not well insulated). They threatened to give us a bad recommendation to our next place for noise complaints so I thought they'd really jump on this. The only thing I can do further is to contact the actual landlord and hope he cares enough because he doesn't want his investment ruined by smokers since he just renovated but he doesn't like confrontation so I'm not sure if he will address it either.

 

I just wish people would have some common decency. We're not picky, the people who lived there before were awesome though. I really thought smoking inside had gone out of style a long time ago now and I just feel horrible that my kids are being exposed to second-hand smoke when I've gone out of my way to avoid them ever being in this situation before (I don't even let them eat processed foods or use non-organic soap products...but now they're breathing in smoke all-day long which seems far worse). If we can move, we definitely will but it is rough to find as nice a place for this type of price (my husband is in med school so we're living very simply during this time).

 

I will check out the air purifier and definitely we'll keep looking because I think we just cannot stay here if they don't stop. I don't even know how to make it a few more days, let alone the months till our lease is up. I really thought no smoking was a given but now seems like it might have been an oversight.

[lllll]

..

[PollyOR]

Yuck! I'm so sorry. We have "no smoking inside" in our contract but I have a feeling it would be hard to enforce. Also, I assume the boyfriend wasn't part of the lease. You would think the property management company WOULD be interested in that fact.

 

Would the baby's doctor be willing to sign a letter requesting no smoking for the duration of your lease?

 

You may want to see if there is a group in your state(if in the US) for tenants' rights. The property management co. shouldn't be threatening you. :glare:

[Anne in CA]

If you had to put up with threats from the property management company I would think they can deal. They are being paid not to let the new tenant destroy the owner's property, so the owner should know his property is being ruined, and I would consider moving the family to a tent camping ground for the summer to avoid my small children breathing in the smoke. I would not hesitate to break my lease if you could at all.

[Um_2_4]

I wrote a whole post and it got deleted....ughhh..

So basically, I had the same situation at an upstairs place... see if you can get an air purifier, and in the meantime CALL about everything... the new tenant (here anyone over 18 in an unit must be on lease and have credit check etc.), noise.. and I would check into a housing board (that is what it is called in CA), they can advise you about your particular area and issues with threatening, etc.

[Tap]

unless u need the air coming through tne vents. seal them off with a thick piece of cardbord and painters tape. invest in fans to move air around. that will block some of the smell. make sure the door to the common hall is sealed on all edges with weather proofing. get a window fan to get fresh air moving through when u need it.

 

sorry for bad typing. on a tablet

[Mergath]

We've had to deal with that in the past. And my dd is really, really sensitive to secondhand smoke. With the last downstairs tenants before the current ones, we ended up having to bring her to the ER several times because the smoke was somehow causing her to have an irregular heartbeat. It's supposed to be a non-smoking building, but the last tenants couldn't have cared less. I just kept on the landlord, calling him every day, and made the other tenants' lives a living hell. Apparently people don't like it when you blast Wagner and Aaron Copland for hours on end while you're out. Who knew? ;) The landlord threatened to kick them out, too.

 

Anyway, they finally moved out, and the new downstairs tenants only smoke outside. (Well, except for a couple incidents with babysitters, but a couple incidents in over two years isn't so bad. But seriously, who smokes around the kids when you're babysitting? Ugh.)

 

The first thing you have to do is find out if non-smoking buildings are even legal in your state. In some states, the landlord can't do a darn thing about smoking tenants. Which sucks. But if that's the case where you live, there's nothing you can do except move.

 

Next, keep on your landlord. Get a note from your doctor explaining that your kids need a smoke-free environment. Keep on your neighbors to take it outside. I've heard of some extreme cases where people took it to court and were able to get a court order saying the neighbors couldn't smoke inside, but if your building doesn't prohibit smoking, I doubt that would work.

 

If that doesn't work, find out what kind of music your neighbors listen to, and play the opposite very, very loudly. :D They like rap? Find yourself some Alan Jackson.

 

If all else fails, move. That's what we're doing. Our current neighbors are fine, but I don't look forward to going through the whole thing again with new a**holes if they move out, so we're going to rent a house this fall. Though with our luck, we'll move next to outdoor chain smokers and never be able to use the yard or have the windows open. *sigh* Why people still smoke when we know how bad it is, I will never understand. The stupidity is strong with them, I guess.

[athena1277]

Our rental touwnhouse has an apartment in what was once the basement. At one point we had some smokers that lived downstairs. They would smoke outside on their small patio, which is right under our A/C unit. So every time our A/C kicked on, it sucked in the smoke. It was awful, but there was nothing the owners could do because there was nothing in the lease or state laws about it.

 

However, you may have one thing to try to get the new neighbors in trouble. You said the woman initially had a friend to live with and now has a boyfriend. I would talk to the property manager or owner. It's possible him living there could be a problem as that is not who is specified in the lease.

[Freckles]

Sorry you are having to deal with this. A similar scenario is how my kids learned what Pot smells like. Good times! I hope you find a new place quickly.

[Lilaclady]

That is a tough situation. Maybe the air purifier might help and now the weather is getting warmer, opening the windows may help some

[Mergath]

One thing to note is that, from the research I did back when we were having this issue. while the air purifiers remove the odors of the smoke, they don't actually remove the toxins. So they'll make your home smell better, but you're still going to have to deal with the negative health effects. Craptastic, huh? :glare:

[AimeeM]

Could you approach the boyfriend instead of the woman (if she's unstable)?

As a smoker (given, one who is stable and doesn't get in craptastic fist fights like your neighbor), I would have NO problem if you came to me and asked me to smoke elsewhere. I do not smoke inside (ever - can't stand to be in a smoking house even. Gag), but if a neighbor were to say "hey, Aimee, I like opening my windows in the spring but your smoke has been wafting in from outside, could you possibly smoke in your backyard instead of the side of the house; the houses are so close together that I'm getting a good dose of your cancer stick!", I would appreciate the lightheartedness, apologize for the inconvenience, and certainly move my butt to the back yard.

[Luanne]

My first thought when I saw your title was "EWW!!"