Can my upstairs neighbor forbid me from smoking outside on my own private porch?

karen l

She is completely out of line. Please don't take that crap from her. You are absolutely right, you have no control over which way the wind blows. You have the right to smoke on your own porch. She needs to accept that. Period.

powhound

Either your neighbor is very sensitive to cigarette smoke (I am ... can't breathe it...makes me sick), or she is bent on sending you the non-smoking message, or both.

Whatever your lease says goes. If it doesn't prohibit smoking, then you can smoke.

It would be courteous of you to find a reasonable solution...it's just the neighborly thing to do. But it shouldn't be an unreasonable solution, like walking 200 feet to have a puff. If there is no way of appeasing this woman, then you may just have to not worry about it, and file complaints about the notes, etc with the landlord. That is harassment on the ladies part.

Good luck to you. And might I suggest trying to quit smoking. I smoked a little as a teen, but never got hooked thankfully.

It is a nasty habit in my opinion, and it's really hard to breathe second hand smoke...but I'm not beating up your right to smoke either...just consider it!

wolfie_amour

There was a case, not too long ago, that made the news. A couple smoked in their side of a duplex house and the other side of duplex, the couple complained that they could smell the smoke. It went to court and the smokers lost. They cannot even smoke outside at their side of the duplex. Cant remember which state it was in. But , if it goes to court. I would not count on winning without a fight.

KissieGirl

I don't think your neighbor can do anything, but you have to understand to a non-smoker it is disturbing to have a neighbor that smokes. The smell can come through the windows and the vents. For some people it really is a health issue not just a nagging neighbor issue.

peppersham

NO !you tell her if she don't like which way the wind blows take it up with GOD.She is free to move anytime and that if she doesn't stop with the complaints you are going to file harressament charges,the woman is sad just wants attention,or is a control freak and does not deserve your consideration I think you have done enough.and if she wants to pay your rent then you might consider her demands.

Sam Fisher

well, if she knows about your lease... yes, otherwise, I don' think so. But you can use it as an opportunity to stop smoking.

brianbelotti

yes, I have heard of cases where neighbors sued their neighbors for smoking outside, and WON. You probably want to smoke away from the house just to keep the peace.

peersignal

She has no legal right to "forbid" you from smoking within the confines of the space you pay for. It would be like you telling her that she cannot water her plants outside because the noise of the water spray causes migraines.

gomanyes562

She has no legal right to prohibit you from smoking, but if the apartment was advertised as non-smoking, she can take legal action against the landlord and demand he force you to stop. It would depend on whether or not the apartment was considered non-smoking at the time she moved in. If the landlord misrepresented the apartment as non-smoking and then does not enforce that policy, she can go to court and demand that the landlord make you stop smoking and evict you if you refuse to do so.

I don't understand why this is such an issue. Unless you are very old or crippled, is it really that hard to walk down the street a few paces in order to light up? It's good exercise and will make you more conscious of how often you smoke, which will help you cut down your smoking as well.

laughter_every_day

She has the right to demand anything and you have the right to refuse her demands. It appears, however, that you have a contract with your landlord. Your rights, and your landlord's, and your neighbor's wil be determined by that contract in the event of a pissing match. I would read that contract instead of seeking advice from people that know nothing of your situation.

luvmyfam

depends on what your smokin

anthony

no she cant. if she continues i would tell her its not illegal and file charges for harassment.

mosype

Ignore her.

St.Jeb

Thi sissue should be addressed with your landlord, let him decide on this. You dealing with her is making up your own rules of which will just get worse.

Bu'wheet

She should leave you alone. You'll probably be dead before her.

One Sexy Jeep Girl

Who are you to decide whether or not it's still to cold for her window to be open?

Winters child

I am going to give you honest advise..so dont get mad at me and report me...as I am honest...okay?

you have every right to smoke outside ...really you do. but, what you are up against is a woman who is obsessed with your not smoking any where near her...(she hates cigarette smoke) .., and probably can smell it easier than you do...as, she is a non smoker..

what you are up against my friend, is someone who is upstairs from you, who will not give up, she will make your life miserable...afterall she lives up above your home..and, she will get even...trust me...

just go in the opposite direction and, smoke up a storm...and, keep a low profile...and, then she will leave you alone.

best wishes...

Ef Ervescence

Your neighbor has no "right" to forbid you to smoke, but if your apartment was listed as a non-smoking apartment it stands to reason that the neighbor has a similar understanding, and this would leave the door open for a valid and strong complaint to the landlord.

Seepage of smoke into an adjoining apartment is a valid health concern, no matter how the seepage occurs.

Given the fact that a pre-existing condition applied when you rented the apartment, that being that yours is a non-smoking apartment, there will also very likely be a condition within the lease agreement that spells this out.

If it is, then you are disobeying a condition of the lease, and it becomes a legal consideration in some areas.

The neighbor may be able to take the matter to another authority for enforcement, such as health department, or perhaps file a court claim, even if the landlord gave you a verbal approval. Both your lease and that of the neighbor would become a mandatory part of the case.

If a court claim was made then the landlord would certainly be named as a co-defendant, and the first thing his/her lawyer would advise him/her to say is that no permission had been given to you, thus leaving you to answer for your own actions, which you acknowledge are against the known terms of your occupancy, and you would have no defense.

Obviously, the neighbor is concerned, and considerably so, and that suggests that other actions are imminent if you continue harrassing the neighbor, which you are definitely doing now, regardless of whatever thoughts you may have to the contrary. .

Why not speak with the landlord and see if another apartment is available, one situated some distance away from the existing neighbor, and where smoking IS allowed?

superstar_81882

Absolutely not. You have rights to that property as a tenant and therefore can do whatever you want on that property so long as it is legal. I would suggest you let your landlord know what is going on. If your neighbor has a problem with it, perhaps she can have your landlord move her into another apartment, but you should not have to accomodate your neighbor. Just in case this gets into legal matters, I suggest you keep all the notes from your neighbor and notify your landlord in writing of the harassment.

ch3nzo23

No. F*** 'em.

Soon we won't be able to smoke anywhere.

chasefranklin@sbcglobal.net

Yes...
...and no.

american.voice

smoke where you want, non-smokers don't worry about what their SUV exhaust does to your lungs.I do and I will continue.

stayfr3sh247

no you did one thing for them

Dareius T

No. If your paying the rent and the landlord has said that this is allowed, then no, she can't tell you. The worst thing she can do is make you tell her when your going to smoke. Other than that, she has no authority.

dave j

No, tell him to kiss off!!!

Nick B

well, it seems you live in an apartment/condow. so it IS your property so No she does not have the right to tell you, however she might call the police if she is a *********. They cannot arrest you but can tell you to not do it. So enjoy it because she has NO say in where you smoke, however if you do not own the place the owner can tell you to stop but if you own it dont hesitate to smoke there

PS tell her to piss off if she keeps doing it, she is right though, if u live downstairs and she lives up, SMOKE RISES so i can see why she complains

RESILUTION: stop smoking yeah

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