My neighbor smokes under my balcony. I am sickened by it, but he refuses to move. Do I have any rights?

Question

I've explained to him that I it makes me ill. He suggested I get a fan. Fans only blow the smelly smoky air into my apartment.

I can't stand it, because when the weather is nice, I have to keep my windows closed or smell his pipe. Can anyone tell me what to do? I know he has a right to smoke outside of his own apartment, but don't I have a right to breathe in fresh air??

Answer 1

This is what pushed most of us into buying a house.  Our own house.  No smoke.  No noise.  Peace and quiet.  I hate smoke as much as you.  You have no rights.  Count the days until you can move.

Answer 2

How about a bucket of water?

Answer 3

I would complain to the manager. If you complain enough, maybe the guy will stop. He's pretty rude for not doing what you asked since it concerns your health.

Answer 4

Unfortunately you have to bear with other peoples nasty habits in an apartment.    Since you are sensitive you should rent houses, or just buy yourself a house.

If you are in CA you can check the city ordinances, smoking in the common areas or your balcony is actually illegal in a few cities.

Answer 5

If you are sickened by it you should be able to get a medical exception and allowed to break your lease.  Check your lease to see if there's anything about moving for medical reasons and get a DR (one who's anti-smoking advocate) to write a letter.

Answer 6

Unless this is a smokeless apartment building, I don't think there is anything you can do. You could ask to be moved to a different apartment (if you are willing to move). I use to be a smoker and my neighbor beneath me always shunned me.  Now looking back, I think it was due to my smoking near the screen door.  I wish I had more sense back then, obviously this man does not.