Is smoking in a non-smoking apartment building okay??

Question

My neighbors above me smoke on their balcony in a non-smoking apartment building. The smoke comes in through my windows and they drop their cigarrette butts and beer bottle tops right outside my windows (I live on the first floor).

What are my rights in this situation??

Answer 1

NO!!!! Duh!

Answer 2

Your rights depend on your lease. As the above poster says, does it say no smoking inside the apartment or on the premises? The balcony should be part of the apartment, though. If it says that it is a non-smoking building, they can't smoke anywhere in or on the building.

There should also be language that nothing should be thrown or disposed of off the balconies or windows. There should also be language that no resident may cause noxious odors, interfere with another tenant, etc.

So: Talk to your landlord.  

Answer 3

Call the landlord and report them.  NON means no.  They are breaking the rules.  

Answer 4

Only if you don't smoke!

Answer 5

you have the right to tell them to stop and to tell the landlord to get them to stop

Answer 6

Check your Lease, it may allow smoking on Balconies, or outside in general... also, talking to them may be the best approach... if that don't work (about the trash) then contact Management... now then, how in the world does smoke come in your windows? Smoke rises, they are above you...  and, unless the lease specifies not on balconies, or premises, they are NOT smoking IN the building... outside is outside... but the trash being thrown is unacceptable.

Answer 7

call the landlord.  i wish i lived in a non-smoking building.  i hate it when the smoke from other people wafts into my windows.  my mom died from lung cancer & never smoked, so i'm really touchy about that.

if the landlord won't do anything, call the cops.  most smokers are really rude.  some aren't, but most are.

JMO!!!

Answer 8

What a stupid question

Answer 9

Check your lease for specifics on the regulations.  I'd suggest you notify the apt. manager of the situation.  If the lease says there is no smoking in the building, then smoking on the balcony would be okay.  If it says no smoking on the premises, then your neighbors are in violation of their lease.

Answer 10

What do you think?

Answer 11

Contact your landlord.

Answer 12

I think that the non-smoking part probably refers more to inside the building, but you definitely have some rights here.

I would first go up and try to be reasonable with them. Just let them know that their smoking is affecting you and ask if they could take it somewhere else. They may be more than happy to just go elsewhere and do their business.

If that doesn't work, or if you want to go with an alternate route, then you could just speak with the owner of the complex and let him know about the situation. He will be able to deal with it, I'm sure.

Answer 13

Tell the landlord because they're not supposed to be smoking. That's why people might've moved there because of the non-smoking aspect. You wouldn't be a tattletale, just give it as if it were a complaint.

Answer 14

it's a non-smoking apartment so i am going to say it not okay....

But they are outside on the balcony so it make be okay

call the landlord and find out...

Answer 15

No its not okay, its a NON-smoking building.

Do you know what non means?

Answer 16

second hand smoke is a no no. complain to the buildings owner (take pictures) then call the health dept and file a complaint against the buildings owner for a faster response.  

Answer 17

The contract says no smoking indoors. I'm afraid you are going to have to move or tolerate it. Out doors is out doors and there has to be a specific guideline to spell it out.

Answer 18

i smoke like a chimney and drink like a fish but if someone asked me to smoke somewhere else or not throw beer bottle caps i would honor their request especially if it were a person living underneath me.

try talking to them

Answer 19

Talk to your landlord. "Outside" may not be in the building.