09/20 Entry #2 . . .
9/20 #2
OK here is my problem.... I know I have mentioned this before... The guy who lives in the apt. under me smokes (like a train sometimes) and the smoke comes up & in my window. He was gone for a few weeks and it has been nice... clean air and the likes for me.. He came back last week and now I find out he went to rehab & has a new habit instead of drinking all night long.... He is smoking pot... ALL NIGHT LONG.... I guess all day too, but with traffic it's not coming in my windows.... He is coughing(a familiar cough)...after a few hits he then lights up a cigarette and smokes all night long too...
last night I was up till 2 AM with his coughing & the smell of the different flavors of his dope is so strong.....
I am not opposed of him doing it.... It is legal & I am sure it's medical......
but where do my rights begin????? Why is it OK for him to keep his windows open and get the whole place stoned????
They are still working on the laws about this & just recently came up with no pot in parks & anywhere you can not smoke.....
I don't know what to do about this..... The landlord lives right next to him....... I am sure he knows that he is doing this...
Any ideas??????
DISCLAIMER: Serious subject - So long reply and No Smilies . . .
For those that are not interested - Please Move on - Nothing to read here . . .
WOW - This is really a conundrum, especially since there is not going to be just one simple answer to this situation and I am of 2 different minds as an "Advocate" concerning any issues like these . . . Particularly one that involves the different rights of 2 very different people too . . . There is first and foremost - "Tenants Rights" . . . Then there is the personal right of an individual . . . AND - To top that all off, is what are the Actual Rights of "Non-smoker" vs "Smoker", especially when the same could be said about a "Vaper" and "Non-Vaper" . . .
Given this there are 2 main issues concerning this situation . . .
1) "Your" rights as a Tenant and to the "peaceful enjoyment" of your home, including - as a neighbor of this person - who would prefer not having to smell either of those odors . . .
AND . . .
2) There is the right of the other person who is also a tenant and has a right to "peaceful enjoyment" of their home, including be able to "smoke" in their home too . . .
SO - To try to answer "Your" question is really difficult given that I do not believe that anyone has the right to demand or limit what someone can and or cannot do in "THEIR OWN HOME" (even if they are renting an apartment) as long as it is Legal . . . As such - This maybe an uphill battle for Ya' to contend with . . .
Worse yet, is that fact that this is almost the same thing that is happening all over the country by both "anti-smoking" & "anti-vaping" Nazi's across the board that are equating "Cigarette smoke" to "Vapor" . . . So - If anything I would tread very lightly here . . .
Now - The following are only a few suggestions how to deal with this situation . . . AND - I am not sure any of this would or could work out in your favor . . . However - If "You" have any type of possible friendly and/or neighborly relationship with the other person, I would very politely try to open a conversation with them directly and mention to them that not only do you hear them going through a hard time (coughing all night long or whatever it is), but you can smell what they are smoking throughout the day . . . Then mention that "You" use to smoke cigarettes too - however you found an alternative that is working for you that you would like to let them know about (and if you can, even have a "Loaner" set-up they could try) . . . AND - See how that goes . . .
If that fails and they do not want to try an "eCig" . . . Then again politely ask - if they would
Please HELP YOU OUT, given that you have stopped smoking and are affected now by what you are smelling . . . SO - If they wouldn't mind, it would
HELP "You" if they would
Please - 1) Get a Air-purifier, 2) Burn Incense, 3) Scented Candles, 4) Use some Fabreeze throughout the day, etc. . . . Or if "You" think they can't afford to do that - Ask them to at least Keep their windows closed . . .
If they refuse or tell "You" to mind Your own business . . . Then and only then - Particularly since there maybe very little they can actually do - mention it to "Your" Landlord and ask for their assistance to deal with what you are finding to be a problem for 'You" and then follow that up with a certified letter . . . (BTW: the Landlord may also be a "Smoker" and have no problem with the Tenant smoking, and if they are thinking that you are just causing trouble - they then may even ask you to move out when your lease comes up for renewal for due cause . . . Just Sayin' . . .)
Okay - I hope something I suggested may at least give "You" some Idea about how "You" could possibly handle this situation or maybe even Help "You" . . .
OH and BTW: The same type of issues came up in a few Landlord-Tenants Courts when it concerned the rights of people not having to smell the cooking odors from other tenants in the same building, especially those who had different taste in food . . . As an example: Those individuals who cooked "Chitlins" and/or Asian Cuisine, etc. . . . Those that were offended by the odors lost big time and the court upheld the right of people to freely cook what they want and as they saw fit . . .