second hand smoke seeps into apt

[benilaw]

Hi all,
I live in an apt in a very convenient location (on the bus line directly to school, across the street from the grocery store, etc).
The problem is that the people below me are HEAVY smokers- the smoke just seeps in even when they're not smoking on the balcony!
I'm not a smoker and so it's really irritating. My apt stinks from the smell, I can't enjoy dinners, I don't even study in my apt anymore. I camp out in our student study lounge. I just don't want to be in the apt and breathe the smoke and smell it.
As a law student, I'm well aware that I could pursue constructive eviction but I'm tired of moving. I moved to this apt 4 months after living in one apt where I became a crime victim. I'm happy here with the exception of the smoking. I've complained numerous times to no avail. I think I need to take a tougher stance. Any thoughts/suggestions?
thanks
beni

[winneythepooh7]

Definitely take a tougher stance, that's your health you are taking about. And I know this will cost you $$$, but maybe get some of those Ionic Breeze-type air filters? I also used to have a noisier one that I didn't mind because it would kind of lull me to sleep.

[redav]

I lived in an apt that had the same problem. I got one of those Ionic Breeze air purifiers and it worked well at getting rid of the odor. I also found the spots where the smoke would come in (small gaps in the walls where electrical, plumbing, ventilation went though) and I plugged those. That really helped, too.

[asm198]

I suppose you could say something to management, but you should move if it bothers you that much. Smoking is legal and it's their right to smoke in their home if they choose to do so.

[ebruening]

I suppose you could say something to management, but you should move if it bothers you that much. Smoking is legal and it's their right to smoke in their home if they choose to do so.

I have a roommate who smokes, and we have an agreement that he will smoke only on the balcony. He has commented that "it's [his] home, too," and has said that he should be able to smoke in his own home. I explained that it's also his choice to smoke, and to accept the health risks associated with smoking. It's my opinion that I shouldn't have to endanger my health, or suffer the rather unpleasant smell of cigarette smoke, if I choose not to smoke, yet live with someone who does. I personally disagree with the fact that it is someone's "right to smoke," if it infringes upon my health and general well-being. That being said, if my neighbors were to start smoking in their apartment, and that smell seeped into my apartment -as it has in the OP's case - I would treat it the same as noise pollution. I would, in fact, say something to my neighbors, before I would contact management. I also believe that my building is smoke-free, so that might lend credence to my case, if my apartment were infiltrated by the scent of my neighbors' cigarette smoke. However, if the OP's building isn't smoke-free, and if I were in a similar situation, I might begin by saying something to the neighbors, before contacting management. I would think it would help the OP's case if he went to management, and could say that he tried resolving the issue with his neighbors first.

[asm198]

I have a roommate who smokes, and we have an agreement that he will smoke only on the balcony. He has commented that "it's [his] home, too," and has said that he should be able to smoke in his own home. I explained that it's also his choice to smoke, and to accept the health risks associated with smoking. It's my opinion that I shouldn't have to endanger my health, or suffer the rather unpleasant smell of cigarette smoke, if I choose not to smoke, yet live with someone who does. I personally disagree with the fact that it is someone's "right to smoke," if it infringes upon my health and general well-being. That being said, if my neighbors were to start smoking in their apartment, and that smell seeped into my apartment -as it has in the OP's case - I would treat it the same as noise pollution. I would, in fact, say something to my neighbors, before I would contact management. I also believe that my building is smoke-free, so that might lend credence to my case, if my apartment were infiltrated by the scent of my neighbors' cigarette smoke. However, if the OP's building isn't smoke-free, and if I were in a similar situation, I might begin by saying something to the neighbors, before contacting management. I would think it would help the OP's case if he went to management, and could say that he tried resolving the issue with his neighbors first.

If you and your roommate have an agreement about where he can and cannot smoke, that's fine. And if you or the OP live in a smoke free building, that is fine. However, the neighbors are doing something that is completely legal. Smokers seem to have only one place where they can smoke without being hassled and that's in their own homes. Sorry, but the OP can either talk to management about the problem (which probably won't do any good) or move.

[benilaw]

Thanks for the thoughts. Does the ionic filter work? I'm willing to pay for that b/c I'm not willing to pay lots of $ later on if I end up developing lung cancer from the second-hand smoke.

FYI, although smoking is legal, THERE IS NO LEGAL RIGHT to smoke - at least not in my current state. Smoking is a personal lifestyle choice. Breathing is something we do automatically.
By the way, I've been trying to talk to the people below me- the problem is mgmt has thus far not told me which apartment # is below me!

[asm198]

What state do you live in makes it illegal to smoke?

[benilaw]

I did NOT say it is illegal to smoke. I meant that smoking is NOT a LEGALLY PROTECTED right. Smokers are not a class of people that are afforded protection under the law in this state (midwest state).

[asm198]

And I never said that smoking is a protected right. I said that smoking was not illegal. You're complaining because the smoke coming from your neighbors apartment is bothering you. I suggested to talk to management, but be prepared for them not to care. It's not as if they are cooking meth, which is illegal and is something your landlord would take seriously and call the police about. If your landlord decided to kick out your neighbors because they are smoking in a place they pay rent on, that might open up a can of worms.

Burn some candles, buy an ionic breeze, talk to management. But don't be surprised if they don't do anything about it.

[J-girl]

I lived in an apt that had the same problem. I got one of those Ionic Breeze air purifiers and it worked well at getting rid of the odor. I also found the spots where the smoke would come in (small gaps in the walls where electrical, plumbing, ventilation went though) and I plugged those. That really helped, too.
Hmmmn I might have to invest in those. Whats the brand name?

[redav]

The 'brand' is Ionic Breeze from Sharper Image. I have seen the same models popping up in other stores lately, too.

How well do they work? I think the advertisements are pretty accurate. They are quiet, and I find they do a good job remove odors & (some) dust from the air (I had tile work done in my home, and it was collecting scary amounts of dust from that). They are easy to clean/maintain. If you burn candles or oil (which I don't), it will pull the smoke/scent from them out of the air as well.

I would not say that it is great at eliminating dust--they just don't move enough air to do that, and they are too expensive to have multiple units around the house. Also, I think they produce a bit of ozone--I've noticed the electric 'tangy' smell--so I don't run it all the time anymore. When I was in the apt with the smoke problem, I did b/c it was better than the smoke, but I don't have that problem now.