Secondhand Smoke

[mpac165g7]

What is the name of your state (only U.S. law)? New Jersey

Do I have a case of infringement of my rights? Tenants in the apartment building I live in smoke in the hallway (against the rules), and they smoke on both the front and back steps to the building. Smoking is allowed outside, but they may not block the passageway. By the fact that they are standing on the steps smoking, they are blocking the passageway. Every time I have complained to the apartment manager, I get the same responses: "We'll send a letter reminding the tenants of the rules". When the tenants smoke on the steps, the smoke drifts into my apartment, and I end up breathing second hand smoke. Do I have a legal case?

Thank you very much for your assistance, and knowledge.

 

[Proserpina]

What is the name of your state (only U.S. law)? New Jersey

Do I have a case of infringement of my rights? Tenants in the apartment building I live in smoke in the hallway (against the rules), and they smoke on both the front and back steps to the building. Smoking is allowed outside, but they may not block the passageway. By the fact that they are standing on the steps smoking, they are blocking the passageway. Every time I have complained to the apartment manager, I get the same responses: "We'll send a letter reminding the tenants of the rules". When the tenants smoke on the steps, the smoke drifts into my apartment, and I end up breathing second hand smoke. Do I have a legal case?

Thank you very much for your assistance, and knowledge.

I don't see where you have damages.

 

[mpac165g7]

what about..

I don't see where you have damages.

What about the complex not enforcing their own rules of no one may congregate on the front or back steps, nor block the passageways?
Instead, they've actually placed outside ashtrays for the smokers; thereby encouraging them to smoke there.
In other cases, tenants have beach chairs on the steps 24/7.

In any case, why Don't I have a case if they aren't enforcing their own rules?
Why Can't I claim that my rights were infringed because the smokers on the front steps are less than 6 feet from my window; and their cigarette smoke drifts in; and, I have asthma.

 

[FarmerJ]

Unless your city / county or state laws have set a minimum distance that smoking can occur from the common entry of your building then the building rules are the answer, so example if no one is supposed to smoke less than 25 ft from the common entry area and they do then taking pics , getting them printed with dates and sending them to the LL via certified mail along with your complaint then there may not be any thing else to do but to plan for a move when your lease is up including giving the amount of notice your lease says in writing that you will not renew and be moving to a building that has designated out side smoking areas that are a couple hundred feet or more from you.

 

[Gail in Georgia]

A legal case for what?

What are your actual damages?

Gail

 

[mpac165g7]

quality of life

A legal case for what?

What are your actual damages?

Gail

My quality of life has diminished due to the putrid smells in the hallway from cigarettes, ashes, burns in the carpet----when tenants are not allowed to smoke in the hallways--and, all my complex does, is 'send a letter reminding the tenants of the nonsmoking rules. And also when tenants are not allowed to block the passageways nor congregate on the steps, yet the complex places outside cigarette receptacles ON the steps! Thereby ENcouraging tenants to stand on the steps, smoke, and block the passageways. And, in that, their cigarette smoke drifts into my apartment. I believe that I have as much of a right, or more, to fresh air, than the smoker does to lighting up 6 feet from my windows. I believe that the complex has not enforced their rules and regulations strongly enough, as smoking in the hallways continue, as does the habit of people blocking the passageways, when they stand on the steps and smoke.

 

[cyjeff]

My quality of life has diminished due to the putrid smells in the hallway from cigarettes, ashes, burns in the carpet----when tenants are not allowed to smoke in the hallways--and, all my complex does, is 'send a letter reminding the tenants of the nonsmoking rules. And also when tenants are not allowed to block the passageways nor congregate on the steps, yet the complex places outside cigarette receptacles ON the steps! Thereby ENcouraging tenants to stand on the steps, smoke, and block the passageways. And, in that, their cigarette smoke drifts into my apartment. I believe that I have as much of a right, or more, to fresh air, than the smoker does to lighting up 6 feet from my windows. I believe that the complex has not enforced their rules and regulations strongly enough, as smoking in the hallways continue, as does the habit of people blocking the passageways, when they stand on the steps and smoke.

Sorry, monetary damages.

Courts don't rule on things that make you unhappy, uncomfortable or cranky. You have to prove you have been harmed in some concrete and proven way.

Now, could you use the violations to break your lease and move early? Maybe. Can you make every one else do what you say? Probably not.

 

[Proserpina]

What about the complex not enforcing their own rules of no one may congregate on the front or back steps, nor block the passageways?
Instead, they've actually placed outside ashtrays for the smokers; thereby encouraging them to smoke there.
In other cases, tenants have beach chairs on the steps 24/7.

In any case, why Don't I have a case if they aren't enforcing their own rules?
Why Can't I claim that my rights were infringed because the smokers on the front steps are less than 6 feet from my window; and their cigarette smoke drifts in; and, I have asthma.

Because you need to show tangible damages.