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What should I do about my smoking neighbor?

post #1 of 36
Thread Starter 
My neighbor downstairs smokes all the time in his apartment. He has a live/work space with a storefront. My lease doesn't allow smoking, and I'd assume his doesn't either. Both my girlfriend and I have talked to him about it many times, but it's just getting worse. It literally smells like someone is smoking in our apartment. All our clothes, furniture... everything smells like smoke. We've talked to the landlord about it, but he's a really passive guy and I don't think he would enforce this, especially since the neighbor is his longest tenant and was there before the upstairs was even finished. Also the neighbor is a really nice guy, active in the neighborhood, and I don't want to make him an enemy, but it's really bad and we can't live with it anymore. What would you do?
post #2 of 36
You probably can't do much to stop him, especially if the landlord doesn't care to intervene, but you may be able to break your lease based upon "quiet enjoyment/nuisance" laws. Other than that, it sounds like you're SOL.
post #3 of 36
you say he's a nice guy, yet you've talked to him numerous times and he keeps doing it anyway? sounds like a dick to me.
post #4 of 36
Thread Starter 
Quote:
Originally Posted by twistedSADISTIC View Post

you say he's a nice guy, yet you've talked to him numerous times and he keeps doing it anyway? sounds like a dick to me.

He's an addict, not a dick. He says he "wants" to quit because he's trying to get back together with his wife, but he's obviously not that serious about it.
post #5 of 36

Get a HEPA air purifier.

post #6 of 36
face speakers downward. turn on music at night. preferably death metal.
post #7 of 36
His wife left him???

Have noisy sex all the time..
post #8 of 36
I'd say just put up with it. If you're living in an apartment building there will always be some sort of problem/issue with at least one neighbour. On the scale of problems one has to put up with this sounds fairly minor.
post #9 of 36
Try to break your lease and move.
Edited by Joffrey - 4/11/12 at 7:08am
post #10 of 36
Quote:
Originally Posted by Bentley View Post

I'd say just put up with it. If you're living in an apartment building there will always be some sort of problem/issue with at least one neighbour. On the scale of problems one has to put up with this sounds fairly minor.

Valid point...

Better than a guy partying all night or shooting up every day..
post #11 of 36
Start smoking yourselves. This has two positives:

1) As long as he smokes it won't bother you.
2) If he quits, you'll now be bothering him, and payback feels so good.

Win/win
post #12 of 36
I had a client who moved out of an apartment because of the smell created by a downstairs neighbor. In this case, it was the massive piles of dog crap throughout the downstairs apartment and balcony that did it for them. Eventually the smell got so overpowering that they had to leave, even though they only had about four months left on the lease.
post #13 of 36
Quote:
Originally Posted by Bentley View Post

I'd say just put up with it. If you're living in an apartment building there will always be some sort of problem/issue with at least one neighbour. On the scale of problems one has to put up with this sounds fairly minor.
Quote:
Originally Posted by lasbar View Post

Valid point...
Better than a guy partying all night or shooting up every day..

yes, gettin cancer from second hand smoke is a minor issue if there ever was one. tounge.gif
Quote:
Originally Posted by Piobaire View Post

Start smoking yourselves. This has two positives:
1) As long as he smokes it won't bother you.
2) If he quits, you'll now be bothering him, and payback feels so good.
Win/win

saw thread title and came to post this. go have a smoke with him. smoking is awesome. i want to smoke right now.
post #14 of 36
This sucks.

Unless you moved in to live in a more cool and "grittier" place, then all I have to say is haha.
post #15 of 36
Move. Assuming you have more than a month to month lease, tell the landlord that the no smoking clause was an important feature of the lease. That by refusing to enforce said feature you feel you have reason to opt out.
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