galaduck
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I'm hoping someone here can help me. A few months ago new people moved into the apartment next to me. When they smoke, it makes my place smell like an ashtray. This also flares up my allergies. I've asked my apartment manager to say something about this, but she refuses to do so.
Is there any I can do about this where the law is behind me? I know I should be able to live in my apartment and enjoy my surroundings.
Core_Models
Columbus
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Nope.
Snarf
Dystopia
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What exactly is the source of the stinky, beyond the burning cigarettes?
I mean you could get some filters in your vents or whatever maybe?
Also have you considered poisoning the smoking neighbor (beyond the poison they're already ingesting from the cigarettes?)
galaduck
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The building I'm in was built in the early 80s and everything comes through the walls. I don't mind the sound, unless it's yelling or music until all hours of the night. I don't mind the slamming doors. But the smoke makes me ill and I don't like stinking like I've been smoking. I'd just think the landlord would have to provide a livable area for all renters.
Core_Models
Columbus
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galaduck wrote >>
The building I'm in was built in the early 80s and everything comes through the walls. I don't mind the sound, unless it's yelling or music until all hours of the night. I don't mind the slamming doors. But the smoke makes me ill and I don't like stinking like I've been smoking. I'd just think the landlord would have to provide a livable area for all renters.
It is livable.
You do have rights in this case though.
You have the right to finish out your lease and move somewhere else.
rus
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alexs wrote >>
Can you caulk up leaks between your place and theirs?
I hate that ashtray stench. Maybe you could burn some toast in the oven to freshen the place up.
Just take a stroll through bed, bath and beyond. Great Zombie Jesus that place reeks. Should kill your sense of smell completely.
Tenzo
Chicago Lakeshore
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The responses given are, unfortunately, correct. You can't do anything. But on the other side I wouldn't want a stranger in an apartment coming over telling me what I can and cant do in my own home.
Go to Lowes. Get a couple of cans of 'great stuff' foam, silicon caulk and gaskets for the electrical plugs.
Put gaskets in all the plugs. Under your sinks spray the 'great stuff' foam into the plumbing holes cut int the wall (a lot of times these are not closed up. Then caulk around any pipes, conduits, etc.
I feel for you and it's always been my fear of my neighbor smoking. I am violently allergic to it.
Also, get yourself a 3 stage HEPA air filter for your bedroom. One that uses activated charcoal.
aaminian
Short North
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This isn't my area of the law, but you may have some recourse under the nuisance provisions of the Ohio Revised Code:
Statutory nuisances: Ohio Revised Code §3767.13
(A) No person shall erect, continue, use, or maintain a building, structure, or place for the exercise of a trade, employment, or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public. (B) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public. (C) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure, a watercourse, stream, or water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.ÂÂ
I haven't looked into these provisions in any great detail, and I'm not sure how things shake out when the person committing the offensive act is a private citizen, but it might be a place to start.
Snarf
Dystopia
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aaminian wrote >>
This isn't my area of the law, but you may have some recourse under the nuisance provisions of the Ohio Revised Code:
Statutory nuisances: Ohio Revised Code §3767.13
(A) No person shall erect, continue, use, or maintain a building, structure, or place for the exercise of a trade, employment, or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public. (B) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public. (C) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure, a watercourse, stream, or water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.ÂÂ
I haven't looked into these provisions in any great detail, and I'm not sure how things shake out when the person committing the offensive act is a private citizen, but it might be a place to start.
In yo face, dirty smokers!
Nitsud Regnifloh
Valerio Heights
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paul, the way i read that bolded section is that it only pertains to animals in a building. i think this person is just gonna have to wait until their lease is up...
rus
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Nitsud Regnifloh wrote >>
paul, the way i read that bolded section is that it only pertains to animals in a building. i think this person is just gonna have to wait until their lease is up...
Yeah... it reads more like "you can't run a livestock business in your back yard" kinda thing.
I like Tenzo's suggestions for sealing the place up.
rustbelt
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It appears that section of the Ohio Revised Code applies to more than animals to include those trying to run a business when the smells stink so bad they are injurious.
So, unless it's your neighbor's job to smoke out of that apartment, you're SOL.
On a side note, it's sometimes hard to believe people used to be permitted to smoke *everywhere*. And I'm old enough to remember that time well. Smoke on an airplane, anyone?
Rockmastermike
CORNspiracy HQ
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joev wrote >>
Seeing as how second hand smoke is proven to be "injurious to the health," I wouldn't be so sure. The best course is still to talk with the neighbor and ask - not demand - some sort of understanding.
An understanding like "you don't fill my apartment with smoke, I won't pump hydrogen sulfide into yours" just might work.
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