Advice regarding smoking neighbor

Started by UWSider85

about 14 years ago

Posts: 30

Member since: Aug 2011

Discussion about

My downstairs neighbor is a chain smoker. The smoke from his apartment drifts up into my bedroom and is unbearable. I have had extra insulation professionally installed in my vents, I've purchased an air purifier -- none of these has helped very much. He is a renter, and I am an owner in the condo building. What are my rights? I don't think the building administration can prevent a tenant from smoking in his/her own apartment, but once it starts affecting other residents, can actions be taken? Any advice appreciated!

Response by Isle_of_Lucy

almost 14 years ago

Posts: 342

Member since: Apr 2011

I'm bumping this, as I'm curious about the answer re: a condo. I believe in most co-ops there is something in every proprietary lease that states a shareholder's right to happy living conditions, or something like that.

Can somebody chime in on the situation in condos, and correct me if I'm wrong regarding co-ops?

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Response by Truth

almost 14 years ago

Posts: 5641

Member since: Dec 2009

"Quiet enjoyment",Lucy.

"warranty of habitability" applies only to co-ops. Not in condo bylaws.

There's a couple of other threads on this topic on se.

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Response by krismina

almost 14 years ago

Posts: 5

Member since: Apr 2011

I'm not sure about what can be done legally but I assume that the coop or condo board can chime in?
I live in a house where the downstairs tenant also smokes. I can't take it either. My father gave me this advice and it worked for me: Leave the doors open and turn on the kitchen and bathroom fans. And then use the air purifier afterwards.

Advice regarding smoking neighbor

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