Smoking downstairs neighbor

[Nadja86]

My husband and I just moved into a new apartment (our last was too small for a baby, and I also needed a separate home office space), and much to our dismay, the downstairs neighbor is a smoker. We can't smell smoke all the time, but three out of the five nights we've been here, I've smelled it, and once it was so bad it smelled like people were smoking in our apartment. It turns out this guy will have friends over and they'll just chain smoke inside all night...

We tried taking to him a few times and he refuses to smoke outside, and seems to think that by opening his windows and turning on a fan that this will solve the problem (it obviously did nothing). A major problem is that the two apartments used to be the same, his was the basement, and now they've just blocked off the door between them. This is also a very old building. As far as I can tell, there are multiple sources of smoke drifting into the apartment (the door dividing the two apartments, heaters, cracks in the floor, baseboards, plumbing).

My husband is open to trying to block off the draft points to see if this does anything but I am skeptical. I am also weary of the fact that even if we control the smell, toxic gases could still seep up into the apartment, considering how much they smoke. I obviously don't feel comfortable with this for my pregnancy or my future child. It's unfortunate because this place is really perfect in every other way, we were really happy to live here for the size, price and location.

If we want to move, I need to act now to try and break the lease and find a new place for March 1.

What do you think, should I try closing off the draft points or just look for a new place asap? I'm so unhappy and stressed about this, moving once is bad enough.

 

[Nadja86]

Anyone? I want to call the landlord this afternoon and I'm not sure how to deal with this situation

 

[hellojello25]

Definitely call the landlord. I know in the US, a lot of places have a no smoking policy in the lease and they can be kicked out for smoking in the apartment. If the landlord won't do anything, I'd say definitely try to move. Talking to the guy hasn't worked and there's not much more you can do. Cigarette smoke is harmful, period, and you definitely don't want to expose your child or yourself to it more than necessary. Sorry you're going through this.

 

[iakyri]

I agree with talking to the landlord. Is it an apartment complex? Maybe they can switch you to a different unit if they can't physically stop him from smoking inside.

 

[Nadja86]

No, it's not a complex, otherwise that would definitely be a possibility I think. It's a unit with five apartments and we're in the only three bedroom apartment.

So you both agree that moving is preferable to trying to block off drafts?

 

[pinkpassion]

I agree with moving and there actually is such a thing where if your health is compromised from living conditions you can break the lease without paying for it! Google local laws and stuff and then be prepared to talk to your landlord with those documents in hand!! That's not right at all!!!

 

[Nadja86]

I agree with moving and there actually is such a thing where if your health is compromised from living conditions you can break the lease without paying for it! Google local laws and stuff and then be prepared to talk to your landlord with those documents in hand!! That's not right at all!!!

Yes, I'm calling the housing board before the landlord just so that I know all of my rights. I think this is bullshit, quite frankly. If I were asked to smoke outside by a pregnant woman upstairs, I would do it without hesitation!

 

[laila 44]

I'd move. A newborn being exposed to smoke can lead to Sids and I just could not deal with that kind of stress that would be out of my control. No way would I expose my child if we aren't even the ones smoking! All this coming from a non paranoid preggo that eats anything without reservations. Smoke however is a big big no no in my world when pregnant. Just get out.

 

[xSweetTartx]

I would also move out as soon as possible. The risk isn't worth it.
Good luck hunny!

 

[ajarvis]

Definitely worth moving! Having had a smoker in the basement blocking stuff does't work!

 

[Nadja86]

Talked to the landlord and he was a total dick. We're moving!!!

 

[Nadja86]

Definitely worth moving! Having had a smoker in the basement blocking stuff does't work!

That's exactly what I thought.

 

[d1kt8r]

shame about the landlord but i would also move. no way i would want my child around that. best of luck finding a new place

 

[Starlight32]

Glad you're going to try to move out. Sounds like both the landlord and the neighbor are trouble.

 

[Nadja86]

Thanks for the support everyone!

The landlord actually agreed to break the lease which is awesome. I was prepared to have to fight him for that.

We're already looking for a new place, starting to think of spending more on rent just to avoid these kinds of situations!!

 

[hellojello25]

Thanks for the support everyone!

The landlord actually agreed to break the lease which is awesome. I was prepared to have to fight him for that.

We're already looking for a new place, starting to think of spending more on rent just to avoid these kinds of situations!!

Yeah, that's what BF and I had to do too. We had a deposit on a townhouse with heat and hot water included, basically our dream place at the moment. But we did some research and the area is horrible for crime like drugs, stolen cars, murders. So we upped what we were willing to spend and got a two bedroom apartment in a nice area without heat and hot water included. We just have to tighten our belts a bit more. But at least now I don't have to worry about someone breaking in or getting robbed while I'm trying to bring groceries or the baby in.

Glad the landlord agreed though. You definitely don't need this kind of stress.

 

[karry1412]

I'm glad you got out of the situation & hopefully find somewhere that you're much happier. Peace of mind is priceless