Knowledge Builders

can i complain about neighbours smoking

by Harry Grady I Published 3 years ago Updated 2 years ago
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If it is, you can complain to the board or HOA about the smoking. As a last resort, you can try to get the courts on your side by suing your neighbor for private nuisance. A private nuisance is something that interferes with or prevents you from enjoying your own property.Jan 23, 2013

How do I deal with my neighbors smoking?

Talk with your neighbors about your exposure to secondhand smoke. If you know where the smoke is coming from and feel comfortable talking with your neighbor about it, see if an agreement can be reached about where and when they smoke. Try to be calm, polite and offer solutions.

How do I deal with my neighbors smoking UK?

If you are affected by smoke, smell or noise nuisance from neighbours or nearby industry, you can ask your local authority to take action – or you can take action yourself – under the Environmental Protection Act 1990 (EPA).

Can you sue someone for smoking around you?

In order to successfully sue for a secondhand smoke assault and battery claim, an injured plaintiff must be able to prove the following: That the smoker intentionally made their secondhand smoke touch the plaintiff; The secondhand smoke that touched the plaintiff harmed or offended them; and.

Can cigarette smoke travel through walls?

Secondhand smoke can travel through doorways, cracks in walls, electrical lines, ventilation systems and plumbing.

Can I ask my neighbor to stop smoking?

Homeowners and renters can take action against cigarette-smoking neighbors. Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor's cigarette bothered you, all you could do was move out.

Is cigarette smoke a statutory nuisance UK?

All smoke from residential, business and industrial premises is covered by statutory nuisance laws (unless it's exempt).

What is considered secondhand smoke?

Secondhand smoke is smoke from burning tobacco products, like cigarettes, cigars, hookahs, or pipes. Secondhand smoke also is smoke that has been exhaled, or breathed out, by the person smoking.

How do you get rid of secondhand smoke?

Because of these effects, it is essential that you are diligent about controlling the amount of smoke in your home.Open the Windows. One of the easiest ways to control secondhand smoke in your home is to open up your windows and let in some fresh air. ... Use an Air Purifier. ... Getting Rid of the Smell.

Does cigarette smoke travel up or down?

Tobacco smoke inside a room tends to hang in mid-air rather than disperse. Hot smoke rises, but tobacco smoke cools rapidly, which stops its upward climb. Since the smoke is heavier than the air, the smoke starts to descend.

How far does cigarette smoke travel in a house?

Secondhand smoke odor is detectable at 23 feet from the source and irritation levels began 13 feet from the source. Furthermore, anyone positioned downwind from an outdoor source of secondhand smoke will be exposed, even at significant distances from the source.

Why does my house smell like cigarette smoke at night?

If a house smells like cigarette smoke, but no one smokes in it, the source of the smell could be an accumulation of third-hand smoke on furniture, carpets, clothing, curtains, and walls. In some cases, it could be caused by old or damaged gas-based water heaters or furnaces.

Do air purifiers reduce secondhand smoke?

An exhaustive study published by the U.S. National Library of Medicine National Institutes of Health concluded that air purifiers in combination with education effectively reduce indoor fine PM (particulate matter) and a biomarker of secondhand smoke exposure in non-smoking adults.

How do I stop my neighbors from smoking in my apartment?

Use insulation padding and painter's tape to block vents and large gaps. Smoke may also drift in through air vents or gaps around your heating or air conditioner. You may be able to block the smoke by covering the gaps with insulation padding or painter's tape. Tuck the padding into the gaps or lay it over a vent.

Can air purifiers remove second hand smoke?

If you're looking for an air purifier that will eliminate cigarette smoke, you're out of luck. Tobacco smoke is made up of gaseous pollutants and particulate matter. Most air purifiers, also called air cleaners, aren't designed to remove gaseous pollutants.

How can we prevent secondhand smoke?

When you're on the go, you can still protect your family from secondhand smoke:Make sure caretakers like nannies, babysitters, and day care staff do not smoke.Eat at smokefree restaurants.Avoid indoor public places that allow smoking.Teach your children to stay away from secondhand smoke.

Does cigarette smoke travel up or down?

Tobacco smoke inside a room tends to hang in mid-air rather than disperse. Hot smoke rises, but tobacco smoke cools rapidly, which stops its upward climb. Since the smoke is heavier than the air, the smoke starts to descend.

What does it mean to live in an apartment?

Living in an apartment often means that you'll share outdoor areas with others. This may include walking trails, picnic areas and other recreational spots. In most cases, your neighbors will be able to utilize outdoor spaces to smoke at their leisure. Some apartment complexes may have designated smoking areas, but that's not required.

How to deal with neighbors who smoke?

Confronting someone is never appealing, but it could be the easiest solution. 1. Communicate with your neighbors who smoke. It may be as simple as asking your neighbor to smoke outdoors.

What is a HEPA filter?

HEPA filters in heating ducts prevent smoke from exiting your apartment. Check your lease agreement to ensure you don't make any prohibited adjustments to your apartment. Opening a window or door will also give the smoke somewhere else to go and let in some fresh air.

What to do if your apartment has a policy against smoking?

If your apartment complex has a policy against smoking and you're experiencing second-hand smoke entering your unit, talk to the managers of the property. They should be able to enforce the policy without confrontation between you and your neighbor.

What to do if your neighbor doesn't allow smoking?

2. Make adjustments to your apartment.

How to stop smoking in a shared area?

The easiest option may be to move away from the smoke. Move your activity to a different table or walk in a different direction to avoid coming into contact with second-hand smoke.

How to stop smoke from entering apartment?

To truly stop smoke from entering your apartment, you would need to seal all entry points. This includes ventilation, doors, windows, electrical outlets and lighting fixtures. Make sure that you're not making any changes that break the terms of your lease.

How to get DoNotPay?

If you want to get DoNotPay’s help for this task, make sure to: 1 Sign up for DoNotPay in a web browser of your choice 2 Tell us what is bothering you— noise, harassment, or pet behavior 3 Provide us with some additional information about the situation—whether you’ve already tried to reason with your neighbors

What is DoNotPay in a demand letter?

DoNotPay is the best way to be sure that you’ve included all the relevant information in your demand letter. Our app will point out the consequences of your neighbors’ problematic behavior and the amount of expected compensation.

What is a complaint letter?

Composing a complaint letter is a more formal way of approaching the issue. The problematic neighbor will take the issue more seriously if you choose this course of action. It would be even better if you could find other neighbors who share your concerns to sign the letter.

Why is it important to handle the matter legally?

It is important to handle the matter legally and provide evidence if you can. Having the police show up at your neighbors’ apartment without any previous warning will likely make them angry. This is why you should try taking a friendlier approach first (unless it’s the third situation on our list).

Can you use DoNotPay to deal with neighbors?

If you are one of the unfortunate people who have to deal with neighbors from hell, you can use DoNotPay to tackle those problems. We have the scoop on specific situations that are a common source of trouble among nearby residents. Check out the table below for more info:

Can you call the police if you smoke weed?

In general, you can call the police if your neighbors are smoking weed and their actions are disturbing you, but you should consider several aspects first. If smoking pot is legal in your state, reporting a person who does it in their own house might not be so clear-cut. Solve My Problem.

Can you smoke weed in your house?

Even if recreational marijuana is legalized in your state, you shouldn’t have to be exposed to the smoke in your house. In case smoking weed for fun is not allowed where you live, you have an even stronger case to inform the police. It is important to handle the matter legally and provide evidence if you can.

How to deal with neighbors who smoke?

Being straightforward with your neighbors about the problem usually has a surprisingly positive effect. When talking to them, you should: 1 Introduce yourself and explain where you live 2 Approach them with consideration, not accusations, since they may be unaware of how much their pot-smoking habits affect you 3 Offer constructive suggestions, such as to:#N#Place a wet towel between the door and the floor to stop the fumes from coming out#N#Choose a different room in the apartment to smoke (preferably one with a ventilated fan on)#N#Open the windows and blow the smoke out#N#Consume edibles or vaporize

How to talk to your neighbors about pot smoking?

When talking to them, you should: Introduce yourself and explain where you live. Approach them with consideration, not accusations, since they may be unaware of how much their pot-smoking habits affect you.

What to do if you don't see changes in neighbor's behavior?

If you fail to see any changes in your neighbor’s behavior, you should complain to your landlord or building manager. You can check the rules of the lease or building policies beforehand to see if there is a clause that can help your case. The landlord or building manager should talk to your neighbor on your behalf.

How to stop smoke from coming out of apartment?

Choose a different room in the apartment to smoke (preferably one with a ventilated fan on) Open the windows and blow the smoke out . Consume edibles or vaporize. If you are not a fan of confrontation, you can write a whimsical note and leave it in front ...

Does smoking weed smell like smoking cigarettes?

While some may argue that smoking weed produces the same smell as smoking cigarettes, that’s not entirely true. If your neighbors’ weed fumes keep drifting into your apartment, you may suffer in more ways than having your curtains and clothes smell of pot all the time. The weed smoke may affect those who are not partaking, ...

Is it legal to smoke pot?

Since smoking pot is legal in some states, you have to research your state’s laws thoroughly to see where you stand. If you can prove that the pot odor is a nuisance (it is irritating, obstructive, or dangerous), you may have a case for a civil lawsuit.

What is Darla's story?

Consider Darla’s story. Darla suffers from respiratory illness and lives with her husband in a non -profit housing unit. Her neighbour, Samantha, smokes, and this smoke drifts into Darla’s unit. This makes Darla very sick, causing her to cough, wheeze and gasp for air.

How to speak to a nurse at QuitNow?

You may access the services 24/7 either on-line at www.quitnow.ca, or by calling QuitNow By Phone at 1-877-455-2233 to speak to registered nurses. Tenants have the right to live free of a significant cause of illness in the home, but little is being done to enforce this right in rental living situations.

Can landlords keep patios smoke free?

Landlords, therefore, can choose to legally include a clause in rental agreements requiring tenants to keep their indoor and patio spaces smoke-free. In fact, landlords would benefit from doing so. Smoke-free buildings generate lower cleaning costs and fewer complaints from tenants about smoke drifting into their home.

Do Darla and her husband smoke?

Darla and her husband would like to live in a building free of second-hand smoke, but few smoke-free rental options exist. They are also unclear about their rights with regard to second-hand smoke protection in their current living situation. This lack of clarity isn’t exclusive to tenants.

Can landlords impose restrictions on tenants?

As a general rule, property owners and their landlords are permitted to impose restrictions on their tenants, unless those restrictions violate existing laws or are discriminatory. Some people say that you cannot impinge on people’s right to do what they want in their own home.

Does BC have a smoking ban?

The BC government has created laws that restrict smoking inside the workplace, and recently proposed new laws that place additional restrictions on where tobacco can be purchased and displayed, yet there is a definite lack of legislation in place to protect British Columbians from its deadly effects in the home.

Is there a smoke free policy?

However, there are many examples of restrictions on what people can do in their home, when it is in a common living situation. A smoke-free policy is really no different than a no pet, no loud music, or any other policy that protects another tenant’s well-being or a landlord’s property.

How does smoke transfer from one unit to another?

Typically, cigarette smoke is transferred from one unit to another through air vents, pipes, gaps in insulation, electrical outlets, ceiling fixtures, windows and doors. Once you find the entry points of the secondhand smoke, seal the gaps or inform your landlord to do so. This should fix your issue.

How to use SmartWash Pet?

Using SmartWash Pet is as easy as vacuuming. Push forward to wash, pull back to dry, then call it a day. As long as you're not breathing smoke into their faces or towards where their children play or anything like that, it's none of their business where you smoke. They shouldn't be complaining at all.

Why is the bedroom the worst?

The bedroom was the worst, because it was right above his living room: if there’s one room, for me, that absolutely must have clean air, it’s the bedroom, because over the years I’ve developed a reflex which I think is common to many Asthmatics: I cannot sleep if my airways aren’t clear.

Is it offensive to tell someone they can't smoke in their home?

For most normal people being told by someone not apart of their home what they can or can not do in their home is offensive no matter how nicely you approach them. If the building your in is a designated non smoking building you may have some recourse with management.

Do smokers think their smoke is bothering them?

In all fairness here, being an ex-smoker myself, I can honestly say that many times smokers simply do not think their smoke is bothering someone. It is such a natural and common smell to them, they lose sensitivity to the smell and if often does not occurs to them at all how irritating the smell is to others.

Is a tenancy agreement binding?

Once you sign a tenancy agreement, it’s legally binding, unless there is a clause (s) within it that’s obviously illegal or extremely unreasonable (your landlord cannot, for example, legally ban you, in a tenancy agreement, from cooking spicy food in the flat).

Is smoking cigarettes bad for you?

You could deal with them by realising that they probably aren't complaining for no reason, realising that your smoke is probably an irritation and potential health risk to them and by being more considerate to the needs, feelings and in particular the health concerns of people who live around you in future.

How to complain about smoke in your apartment?

To complain about secondhand smoke in your apartment, start by talking with your neighbors and attempting to come to an amicable solution. If that doesn't work, you can get your landlord involved. If your landlord isn't willing to resolve the situation, you may want to involve other agencies or consider a lawsuit. Steps.

What to do if landlord contacts you regarding letter?

If your landlord contacts you regarding your letter, you may want to consider sitting down with your landlord in person and talking about the problems you have with secondhand smoke. While you want to assert your rights to a smoke-free home, you also should try to understand things from your landlord's point of view.

How to get rid of second hand smoke in apartment?

Contact your local tenants' rights agency. Particularly if you live in a larger city, there may be a tenants' rights agency near you that can help you with the problem of secondhand smoke in your apartment.

How to get rid of neighbors who smoke?

Consider sending a written letter to the smokers. Your neighbors who smoke may take your complaints more seriously if you send them a written letter. Even if they don't, the written letter provides evidence that you attempted an amicable solution before involving your landlord or other authorities.

Is second hand smoke bad?

Secondhand smoke smells awful, but it also can cause serious health problems. These problems can be even worse if you have a health condition such as asthma. However, all leases carry with them a covenant that allows for your peaceful use of your rented space. To complain about secondhand smoke in your apartment, ...

Can you sue your neighbor for a nuisance?

Look for attorneys who specialize in landlord-tenant law or in local nuisance law. You may be able to sue your neighbor for creating a nuisance, or your landlord for failing to abate that nuisance. If you're a renter, you typically will want to focus on suing your landlord as opposed to suing your neighbor.

Can you smoke in an apartment lease?

These provisions will support your position and make your arguments more persuasive. It's possible that your lease, or other community rules incorporated into your lease, prohibit smoking in apartments.

What is an abatement notice?

injure health or be likely to injure health. If they agree that a statutory nuisance is happening, has happened or will happen in the future , councils must serve an abatement notice. This requires whoever’s responsible to stop or restrict the smoke.

How are smoke complaints assessed?

How smoke complaints are assessed. To work out whether it’s a statutory nuisance, smoke is usually assessed by environmental health officers from the council. They can look at: the amount. how often it happens and for how long. how unreasonable the activity is (for example, smoke from an everyday activity like cooking is unlikely ...

What happens if someone emits smoke from a chimney?

If someone emitting smoke from a chimney is served with an abatement notice and they’ve used the best practicable means to stop or reduce the smoke, they may be able to use this as one of the following: grounds for appeal against the abatement notice. a defence, if prosecuted for not complying with the abatement notice.

Is smoke a nuisance?

Smoke not covered by statutory nuisance laws. The following types of smoke aren’t covered by statutory nuisance laws: dark smoke from chimneys of buildings or from chimneys serving fixed boilers or industrial plants that are attached to buildings or on land.

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1.How to complain about a smoking neighbor - Quora

Url:https://www.quora.com/How-do-I-complain-about-a-smoking-neighbor

29 hours ago  · EPA suggests that you: Read your rental lease or condominium agreement carefully to determine whether there is a policy that may address secondhand smoke in your home. Get advice from a legal center since smokers may not have a right to smoke in apartments (condominiums are different) and landlords in many cases do have the power to ban smoking. …

2.What can I do about secondhand smoke coming from my …

Url:https://www.epa.gov/indoor-air-quality-iaq/what-can-i-do-about-secondhand-smoke-coming-my-neighbors-apartment

20 hours ago  · If your neighbor refuses to compromise, and your apartment complex doesn't limit smoking indoors, you can try a few different things within your own unit. 2. Make adjustments to your apartment. If you can't or don't want to move, there are a few things you can do to your own apartment to lessen the effects of smoking neighbors.

3.How to Deal with Neighbors Who Smoke | Rent.com Blog

Url:https://www.rent.com/blog/how-to-deal-with-neighbors-who-smoke/

11 hours ago Can I Call the Police if My Neighbors Are Smoking Weed? In general, you can call the police if your neighbors are smoking weed and their actions are disturbing you, but you should consider several aspects first. If smoking pot is legal in your state, reporting a person who does it in their own house might not be so clear-cut.

4.When Can You Call the Police for Neighbors Smoking …

Url:https://donotpay.com/learn/can-you-call-the-police-for-neighbors-smoking-weed/

26 hours ago  · 1) Complain to HDB, and go to the Community Mediation Centre with your smoking neighbour. Nee Soon MP Lee Bee Wah filed a written Parliamentary question asking Minister for National Development ...

5.Have a problem with your smoking neighbour? Here's the …

Url:https://mothership.sg/2018/10/smoking-dispute-cdrt/

17 hours ago Annoying neighbors can disrupt your peace of mind in many ways, from being extremely noisy to damaging your property. One of the common problems people have is living close to regular pot smokers. “My neighbor smokes weed, and it comes into my apartment” is an issue that many Americans have trouble solving. If you need some tips for stopping your neighbor’s pot fumes …

6.My Neighbor Smokes Weed, and It Comes Into My …

Url:https://donotpay.com/learn/my-neighbor-smokes-weed-and-it-comes-in-my-apartment/

26 hours ago Consider Darla’s story. Darla suffers from respiratory illness and lives with her husband in a non-profit housing unit. Her neighbour, Samantha, smokes, and this smoke drifts into Darla’s unit. This makes Darla very sick, causing her to cough, wheeze and gasp for air. Darla and her husband would like to live in a building free of second-hand smoke, but few smoke-free rental options …

7.My Neighbour's Smoking Makes Me Sick | Here to Help

Url:https://www.heretohelp.bc.ca/my-neighbours-smoking-makes-me-sick

30 hours ago Answer (1 of 6): Are you smoking near the building entrance if it’s not a single family residence? Are you smoking near their windows or in a children’s play are? We have a non smoking building and no one is allowed to smoke within 25′ of the building. First time violations result in a …

8.How do I deal with neighbors that complain if I smoke …

Url:https://www.quora.com/How-do-I-deal-with-neighbors-that-complain-if-I-smoke-outside

35 hours ago  · Method 1Talking to Your Neighbors Download Article. 1. Have friendly conversations with all of your neighbors. Not only can talking to your neighbors help you figure out where the smoke is coming from, but you also may find out that you're not the only person having trouble with secondhand smoke in your apartment.

9.3 Ways to Complain About Secondhand Smoke in …

Url:https://www.wikihow.com/Complain-About-Secondhand-Smoke-in-Apartments

29 hours ago  · For the smoke to count as a statutory nuisance it must do one of the following: unreasonably and substantially interfere with the use or enjoyment of a home or other premises. injure health or be...

10.Nuisance smoke: how councils deal with complaints

Url:https://www.gov.uk/guidance/nuisance-smoke-how-councils-deal-with-complaints

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