Here is a smoking question to ponder.

**_Ender_** · 12-12-2004, 02:06 AM

Ok, sort of a "what if" type senario.

Two apartments. Person number 1's bedroom is right above person number 2's living room. Person number 2 is a heavy smoker, so much so that smoke goes into person number 1's bed room.

My question.

Does person number 1 have a right to bitch about the smoke?

Thoughts?

**USN_Squid** · 12-12-2004, 02:17 AM

I have always been the type of person that would say it's your house do what you want.....then I quit smoking. Now I can smell it a mile away and it makes me gag.

Consider the same question with any other nuisance. Loud stereo, barking dog, extreme flatulance, screamer girlfriend. A nuisance is a nuisance and I think I have a reasonable right to not be bothered by someone else...key word is reasonable.

Wintermute · 12-12-2004, 08:51 AM

It all depends on what kind of preson they are, how reasonable you can be when you talk to them and if you can find a way between you to compromise.

**Wyzcrak** · 12-12-2004, 12:55 PM

Yes, you do.

**CingularDuality** · 12-12-2004, 02:09 PM

Well, your scenario doesn't state a few things... Are person 1 and 2 living in the same residence? Is person 2 the parent of person 1? Is person 1 an adult or a child? Are they roommates paying an equal share of the rent? Are they in seperate apartments and the smoke is drifting through vents or open windows?

If the two people are contributing an equal amount to their living arrangement, then the right to bitch is there. If person 1 is contributing less, then the right to bitch goes away proportionally with the amount he/she is neglecting to contribute...

**Wyzcrak** · 12-12-2004, 02:21 PM

His statement of two apartments made me assume that these people don't know each other.

**CingularDuality** · 12-12-2004, 02:22 PM

Quote:

Originally Posted by Wyzcrak

His statement of two apartments made me assume that these people don't know each other.

Ah, yes he did. I missed that and made some assumptions that guided my questions...

**_Ender_** · 12-12-2004, 03:06 PM

The person in 1 doesnt know the person in 2.

What rights does the person in 1 have? Should he go to the landlord or ask the person in 2 himself?

**Wyzcrak** · 12-12-2004, 03:58 PM

I would consult with your landlord before doing anything.

If you're going to want something done, it's nice to know what backing you have.

I would explain to the landlord that you're not out to ruin this guy's lifestyle. At the same time, you feel compelled to remedy the suffering you're experiencing.

Regardless of the landlord's response, I would try to work something out with the other resident after speaking with the landlord.

If the other resident will not cooperate and the landlord will go to bat for you, introduce the landlord into the proceedings.

**DudeMan** · 12-12-2004, 05:04 PM

i personally would tell you to go away if you confronted me with this, i can see your position, but smoking is not against the law. therefore the police or courts could do bugger all about it. and further the landlord will in my opinion not wish to half his income by forcing one of you to move out. so apart from asking i dont think you have much.

**CingularDuality** · 12-12-2004, 05:58 PM

Quote:

Originally Posted by _Ender_

The person in 1 doesnt know the person in 2.

What rights does the person in 1 have? Should he go to the landlord or ask the person in 2 himself?

How is the smoke getting into your apartment? Through vents, or what? Is the odor just seeping through your floor/his ceiling? That sounds like a problem with the building and you might get the landlord to do something about it. If it's simply wafting out of his window and in through yours, then you need to shut your window. Keep in mind that your neighbor has a right to smoke in his living room and it's not his problem if the apartment building is designed poorly and the smoke is affecting you.

I will say that those ionic breeze air cleaners that Sharper Image sells work very well. They're expensive, but if they improve your quality of life, they're probably well worth it...

**TheFeniX** · 12-12-2004, 06:04 PM

Quote:

Originally Posted by DudeMan

i personally would tell you to go away if you confronted me with this, i can see your position, but smoking is not against the law.

In America, it is against the law to smoke in certain areas. You have a right to be secure and unaccosted in your own home. Hence, legal acts performed by other people that invade your security are can in fact be against the law.

Quote:

therefore the police or courts could do bugger all about it. and further the landlord will in my opinion not wish to half his income by forcing one of you to move out. so apart from asking i dont think you have much.

Smokers usually get charged more than non-smokers. It's not much, but most people won't tell the land-lord they are smoking.

He does in fact have restitution. Mainly against the owner of the complex.

What I would do is politely ask the downstairs guy to consider not smoking too much in his apartment. If he declines, so be it.

Then I'd contact the landlord and tell them that "shoddy" construction has created a problem for you (obviously poor air circulation and sealant). They are required to fix it. If the complex decides to ignore your request, I'd turn them into the BBB.

They also might be interested in the fact that your downstairs tennet is smoking so much as to disturb other tennets. Remember, they want you to be happy so you'll stay there and continue paying rent.

Hell, both my roomate and I smoke, but that's all done on the balcony outside. I can't stand lingering smoke and it has detrimental effects on computer hardware.

**Wyzcrak** · 12-12-2004, 06:40 PM

Listening to music isn't against the law either, but the police respond to that all the time in America.

**CingularDuality** · 12-12-2004, 07:24 PM

Quote:

Originally Posted by Wyzcrak

Listening to music isn't against the law either, but the police respond to that all the time in America.

Yeah, but the word "reasonable" comes into play here... It's not reasonable to blare a stereo at levels that will cause serious hearing loss in a residential area. It is reasonable (well, so far...) to smoke cigarettes in your living room. A bonfire used to create smoke signals would be unreasonable.

My point was that the guy probably isn't doing anything wrong (depending on the rent/lease agreement), and the landlord is the only one that can be held responsible...

**DudeMan** · 12-12-2004, 07:42 PM

Quote:

Originally Posted by CingularDuality

Yeah, but the word "reasonable" comes into play here... It's not reasonable to blare a stereo at levels that will cause serious hearing loss in a residential area. It is reasonable (well, so far...) to smoke cigarettes in your living room. A bonfire used to create smoke signals would be unreasonable.

My point was that the guy probably isn't doing anything wrong (depending on the rent/lease agreement), and the landlord is the only one that can be held responsible...

EXACTLY SIMPLY SMELLING CIGARETTE SMOKE IS NOT GOOD ENOUGH IMO if it is against the law, then in your own home has to be the really only safe place to smoke.

why tell this guy you cant smoke in your home or in restaurants ect ect... if he walsk out side his street door and does it and it goes in your window you would complain again?

it seems to me like bullying if just because you smell it you go to the land lord. what is the extent of what he can smell? maybe that will clear it up

12-12-2004, 02:06 AM	#1 (permalink)
_Ender_ Join Date: May 2003 Location: I am lost, if you know where I am then please feel free to tell me. Age: 29 Posts: 2,048	Here is a smoking question to ponder. Ok, sort of a "what if" type senario. Two apartments. Person number 1's bedroom is right above person number 2's living room. Person number 2 is a heavy smoker, so much so that smoke goes into person number 1's bed room. My question. Does person number 1 have a right to bitch about the smoke? Thoughts?

12-12-2004, 02:17 AM	#2 (permalink)
USN_Squid Join Date: Oct 2003 Location: Denver Age: 38 Posts: 3,132	Re: Here is a smoking question to ponder. I have always been the type of person that would say it's your house do what you want.....then I quit smoking. Now I can smell it a mile away and it makes me gag. Consider the same question with any other nuisance. Loud stereo, barking dog, extreme flatulance, screamer girlfriend. A nuisance is a nuisance and I think I have a reasonable right to not be bothered by someone else...key word is reasonable.

12-12-2004, 08:51 AM	#3 (permalink)
Wintermute Join Date: Jul 2003 Location: UK Age: 24 Posts: 1,166	Re: Here is a smoking question to ponder. It all depends on what kind of preson they are, how reasonable you can be when you talk to them and if you can find a way between you to compromise. __________________ Wintermute Play EVE online. It's like being an accounting addict in space. www.MakePovertyHistory.com

12-12-2004, 12:55 PM	#4 (permalink)
Wyzcrak Join Date: May 2003 Location: Memphis, TN Posts: 14,139	Re: Here is a smoking question to ponder. Yes, you do. __________________ Steam Community? Add me. \| Join #tacticalgamer \| Search Results Legend \| New Posts Forum Filter \| Postbox Toggle \| Live Thread Review \| One Line Results \| Free Remote, Encrypted Backup Darkilla: In short, NS is pretty much really fast chess. With guns. Apophis: I haven't seen anyone say that SM's are better than non-SMs. Nordbomber: This is THE first server I've seen where either side can comeback from out of seemingly nowhere with the right teamwork. en4rcment: I have NEVER experienced the type of gameplay that I have found here. Nightly I am amazed at the personalities and gaming talent. Root: Welcome to TG. Feel free to punctuate your sentences correctly. Monkerz: Its gonna take all my skills to beat those boys off in the future.

12-12-2004, 02:09 PM	#5 (permalink)
CingularDuality Join Date: May 2003 Location: Dallas/Ft. Worth area of Texas, USA Age: 33 Posts: 16,809	Re: Here is a smoking question to ponder. Well, your scenario doesn't state a few things... Are person 1 and 2 living in the same residence? Is person 2 the parent of person 1? Is person 1 an adult or a child? Are they roommates paying an equal share of the rent? Are they in seperate apartments and the smoke is drifting through vents or open windows? If the two people are contributing an equal amount to their living arrangement, then the right to bitch is there. If person 1 is contributing less, then the right to bitch goes away proportionally with the amount he/she is neglecting to contribute... __________________ Become a supporting member! -- Shop at the Tactical Market! Take the world's smallest political quiz! "I was touched by His Noodly Appendage." TacticalGamer TX LAN/BBQ Veteran:

12-12-2004, 02:21 PM	#6 (permalink)
Wyzcrak Join Date: May 2003 Location: Memphis, TN Posts: 14,139	Re: Here is a smoking question to ponder. His statement of two apartments made me assume that these people don't know each other. __________________ Steam Community? Add me. \| Join #tacticalgamer \| Search Results Legend \| New Posts Forum Filter \| Postbox Toggle \| Live Thread Review \| One Line Results \| Free Remote, Encrypted Backup Darkilla: In short, NS is pretty much really fast chess. With guns. Apophis: I haven't seen anyone say that SM's are better than non-SMs. Nordbomber: This is THE first server I've seen where either side can comeback from out of seemingly nowhere with the right teamwork. en4rcment: I have NEVER experienced the type of gameplay that I have found here. Nightly I am amazed at the personalities and gaming talent. Root: Welcome to TG. Feel free to punctuate your sentences correctly. Monkerz: Its gonna take all my skills to beat those boys off in the future.

12-12-2004, 03:06 PM	#8 (permalink)
_Ender_ Join Date: May 2003 Location: I am lost, if you know where I am then please feel free to tell me. Age: 29 Posts: 2,048	Re: Here is a smoking question to ponder. The person in 1 doesnt know the person in 2. What rights does the person in 1 have? Should he go to the landlord or ask the person in 2 himself?

12-12-2004, 03:58 PM	#9 (permalink)
Wyzcrak Join Date: May 2003 Location: Memphis, TN Posts: 14,139	Re: Here is a smoking question to ponder. I would consult with your landlord before doing anything. If you're going to want something done, it's nice to know what backing you have. I would explain to the landlord that you're not out to ruin this guy's lifestyle. At the same time, you feel compelled to remedy the suffering you're experiencing. Regardless of the landlord's response, I would try to work something out with the other resident after speaking with the landlord. If the other resident will not cooperate and the landlord will go to bat for you, introduce the landlord into the proceedings. __________________ Steam Community? Add me. \| Join #tacticalgamer \| Search Results Legend \| New Posts Forum Filter \| Postbox Toggle \| Live Thread Review \| One Line Results \| Free Remote, Encrypted Backup Darkilla: In short, NS is pretty much really fast chess. With guns. Apophis: I haven't seen anyone say that SM's are better than non-SMs. Nordbomber: This is THE first server I've seen where either side can comeback from out of seemingly nowhere with the right teamwork. en4rcment: I have NEVER experienced the type of gameplay that I have found here. Nightly I am amazed at the personalities and gaming talent. Root: Welcome to TG. Feel free to punctuate your sentences correctly. Monkerz: Its gonna take all my skills to beat those boys off in the future.

12-12-2004, 05:04 PM	#10 (permalink)
DudeMan Join Date: May 2003 Location: london England Age: 22 Posts: 3,258	Re: Here is a smoking question to ponder. i personally would tell you to go away if you confronted me with this, i can see your position, but smoking is not against the law. therefore the police or courts could do bugger all about it. and further the landlord will in my opinion not wish to half his income by forcing one of you to move out. so apart from asking i dont think you have much. __________________ The Queen "Those who perpetrate these brutal acts against innocent people should know that they will not change our way of life," *Atrocities such as these simply reinforce our sense of community* TheFeniX "Guns don't kill people: effeminate men in green tunics do"

12-12-2004, 06:40 PM	#13 (permalink)
Wyzcrak Join Date: May 2003 Location: Memphis, TN Posts: 14,139	Re: Here is a smoking question to ponder. Listening to music isn't against the law either, but the police respond to that all the time in America. __________________ Steam Community? Add me. \| Join #tacticalgamer \| Search Results Legend \| New Posts Forum Filter \| Postbox Toggle \| Live Thread Review \| One Line Results \| Free Remote, Encrypted Backup Darkilla: In short, NS is pretty much really fast chess. With guns. Apophis: I haven't seen anyone say that SM's are better than non-SMs. Nordbomber: This is THE first server I've seen where either side can comeback from out of seemingly nowhere with the right teamwork. en4rcment: I have NEVER experienced the type of gameplay that I have found here. Nightly I am amazed at the personalities and gaming talent. Root: Welcome to TG. Feel free to punctuate your sentences correctly. Monkerz: Its gonna take all my skills to beat those boys off in the future.

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