Another tenant smoking...out of my lease?

[saint]

I was curious what you guys think-

We live in a house w/ 4 apts in it, but it's a fairly large house. A new tenant moved in under us last week. I saw an ashtray of cigarettes on her back porch, but figured it's no big deal if she keeps it outside.

Well I guess she is smoking inside now, since my fawking apartment now stinks of cigarette smoke. I apologize to the smokers here, but it's her choice to smoke but I don't think I should suffer and have our apartment and furniture stink because of other people's habits.

It does not specifically say in our lease that smoking is prohibited. However, if our landlord (a larger realty comany) doesn't act on it I want to break our lease without penalty.

Does anyone know the legality of this? With asthma, etc it's a legitimate concern. Our rent is not cheap by any means. This is not an apt building, but an older house where the air flow from downstairs comes right up here. There is no complete seal.

Thoughts?

 

[Ronnie]

Fuc k smoking! My roommate smokes and knows better than fire up a cigarette in my house. He smokes out on the deck and doesn't seem to mind.

If it threatens your health, I can't see why you shouldn't be able to break your lease. Good Luck with that Saint! I would probably do the same thing.

 

[BobbyBlueChip]

You'll get used to it in about a week

 

[saint]

You'll get used to it in about a week

not going to let it happen. i won't let our entire place including our furniture stink because of someone else's filth.

 

[ImFeklhr]

Why not ask if they can keep it outside?

That's what I would do as a first step... appeal to their humanity.

 

[saint]

Why not ask if they can keep it outside?

That's what I would do as a first step... appeal to their humanity.

i was debating that versus the realty co. I guess maybe they don't realize it gets up here. On the other hand, maybe they'll take it more seriously if it came from the owners. Thanks

 

[BADTODABONE]

My landlord knows I smoke only outside in the lease ...any odor of cig smokes, $100 deduct per year residing, if not more :scared ...$1000.00 deposit...really need to quit, but that's another thread

 

[Woodson]

After a week of it, you'll know when she's out of town due to the withdrawals....

 

[ImFeklhr]

Interestingly, a few smaller suburbs of SF have passed laws saying smoking isn't allowed in apartment buildings... whether or not the lease allows it.

It becomes an interesting debate on freedom.

I can definitely see 25 years down the road this type of thing being more common place.

I think most leases in SF tack in a no smoking clause, but they usually only enforce it if they really want to get rid of you (which they kinda always do, because of rent control!).

 

[BADTODABONE]

70's in college....smoked away until a philosophy class I met NOS MO KING

 

[saint]

As has been suggested, I will kindly bring it up to our new neighbor.

Should it not improve, from what I've read so far regarding legal cases most side with the tenant who is not smoking. I'm sure it wouldn't get to that point, but it's good to know. I'm only going to be here 8 more mos and we really like our place so I'd hate to have to leave.

 

[dickiesports]

Oh so unfortunate for you.

Oh so unfortunate for you.

But what goes around comes around and guess what Saint your furniture, clothes and all of your possesions already have tar on them and smell like a dirty ashtray. Must smell so wonderful in your bedroom ! Karma is a bitch isnt it ?

:mj07:

 

[dickiesports]

Yum

Yum

 

[dickiesports]

Oh My

Oh My

 

[dickiesports]

 

[dickiesports]

Smell is so delicious

Smell is so delicious

 

[vinnie]

buy her some of these :00hour

 

[DOGS THAT BARK]

Why not ask if they can keep it outside?

That's what I would do as a first step... appeal to their humanity.

Would be my 1st approach also. Believe it or not there are a lot of "we" smokers that realize it is very nasty habit and try our best not to infringe on non smokers.I would be curious to hear what the lady does after you ask her.

 

[fatdaddycool]

I was curious what you guys think-

We live in a house w/ 4 apts in it, but it's a fairly large house. A new tenant moved in under us last week. I saw an ashtray of cigarettes on her back porch, but figured it's no big deal if she keeps it outside.

Well I guess she is smoking inside now, since my fawking apartment now stinks of cigarette smoke. I apologize to the smokers here, but it's her choice to smoke but I don't think I should suffer and have our apartment and furniture stink because of other people's habits.

It does not specifically say in our lease that smoking is prohibited. However, if our landlord (a larger realty comany) doesn't act on it I want to break our lease without penalty.

Does anyone know the legality of this? With asthma, etc it's a legitimate concern. Our rent is not cheap by any means. This is not an apt building, but an older house where the air flow from downstairs comes right up here. There is no complete seal.

Thoughts?

I didn't read through the whole usual Saint diatribe so I will leave you with this.

Good luck with your issue:mj06:

 

[fatdaddycool]

Actually, I went back and read the post as I just can't be that deflating and shitty to someone that is just posting their thoughts or questions. I think the asthma issue raises some real concerns for your medical well being and would probably afford you out of the lease without penalty. I would approach the chick first.................if she is bangable try crammin her in the can..........if that doesn't work punch her in the belly, after that just move.

Hope this helps,

FDC