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Problem with an upstairs neighbor


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Recently two people moved upstairs where I live; a woman and her daughter. We got along just fine until the daughter started to stink up my place with cigarette smoke odor. Unfortunately, the landlord neglected to tell them that smoking is forbidden in the house. I wrote them a nice little note asking them to please keep the smoking outside, and the landlord also told them later, NO! No smoking in the house, because it goes against his insurance policy, and I have to say that it was kind of clueless of the landlord to not say anything about that BEFORE they moved in.

 

The two ladys were upset. The daughter said "it's our place too" and the mother said told me that their place smells like a brewery when I brew my wine and beer, so we all agreed that the odors would be controlled. I even took my wine out to the garage to ferment, but I still found my place smelling like a smoke filled bar room

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I 'm trying to figure out to do about this...the smell drives me nuts, and that's not a good thing, because I can get pretty high strung sometimes. It gets everywhere, through the furnace ducts, and not even incense and air freshener can control it. I tried to be fair and reasonable about this, but what I seem to be getting is a defiant "screw you" attitude from the daughter. I don't like it, the landlord (and his wife) don't like it, and the daughter's own mother doesn't approve of it, but she tolerates it because her little (35 year old) girl gets her own way.

 

I don't want to be a dick about this, but I think the only two options I have is 1. notify the landlord again, and he will probably tear up their lease and replace it with an eviction notice, or 2. manufacture some stink of my own and send it up through the air intake of the furnace, which I have access to, living in the basement. I'm loaded for bear, but I hate to resort to those tactics, because I'm really a nice guy....What should I do? Thanks.

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I'd go for option 2 and then for option 1. I've become superanti-smoking because most smokers have this sense of entitlement which makes them believe that they have a right to blow their smoke into your face wherever they are.

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Feelin Frisky

Do the first option. The second one is for nuts who have lost it. It's a super pain in the ass getting along with people in close quarters when they have "over-spill" into your space. This is true with sound (like dog barking, motorcycles) and air (smoking, excessive cooking, "fermentation"). The land lord has the obligation to do something. Focus the pressure there if there is truly a no-smoking policy. I wouldn't be surprised however by what you describe that the chick is actually screwing with you and deliberately blowing you smoke. I'd be tempted to send up some pepper spray but that's never a good idea to get into wackiness like that. Into each life some rain must fall.

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Okaaay, the frisky guy is right. Option 1 is your best choice. If you create something smelly, you will weaken your position, because then they will have a reason to attack you back.

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Disillusioned_Wife

Depending on where you are (like here in Ontario) the landlord may not even be able to evict them for it. He may be forced to buy extra insurance to cover a smoker as a tenant...

 

Here in Ontario you cannot discriminate against animals, smokers and much more. Can't even ask for no animals or no smokers as a tenant. You can't evict them if they already signed a lease, cannot even refuse to resign a lease unless it falls under 60 day notice to vacate due to needing the rental property for themselves or extreme repairs\renovations that would make it inhospitable or selling of the rental property. Even foreclosure cannot evict a tenant, the bank takes over the rent in escrow.

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Depending on where you are (like here in Ontario) the landlord may not even be able to evict them for it. He may be forced to buy extra insurance to cover a smoker as a tenant...

 

Here in Ontario you cannot discriminate against animals, smokers and much more. Can't even ask for no animals or no smokers as a tenant. You can't evict them if they already signed a lease, cannot even refuse to resign a lease unless it falls under 60 day notice to vacate due to needing the rental property for themselves or extreme repairs\renovations that would make it inhospitable or selling of the rental property. Even foreclosure cannot evict a tenant, the bank takes over the rent in escrow.

What if they really, really molest the other tenants?

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Disillusioned_Wife
What if they really, really molest the other tenants?

 

Depends on what you mean by molest - for us here molest is a sexual thing so I'm assuming that's not what you meant.

 

If it's an issue of civility then it goes to civil jurisdiction. The landlord can apply to the Tenant & Landlord Tribunal under the "disturbing the other tenants enjoyable access" clause.

 

Am I to assume you are in Ontario then?

 

http://www.ontariotenants.ca/law/law.phtml

 

If you, other residents of your unit or your guest "substantially interferes" with the reasonable enjoyment of the building for other tenants as per Section 64 or in the case of a building with 3 units or less where the landlord also resides under Section 65
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Depends on what you mean by molest - for us here molest is a sexual thing so I'm assuming that's not what you meant.

 

If it's an issue of civility then it goes to civil jurisdiction. The landlord can apply to the Tenant & Landlord Tribunal under the "disturbing the other tenants enjoyable access" clause.

 

Am I to assume you are in Ontario then?

 

http://www.ontariotenants.ca/law/law.phtml

Bug the sh*t out? :) I don't live in Ontario, I was just curious. :)

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Three suggestions:

1: Invest in an air purifier.

2: Invest in cloves or potpourri sachets. Cloves are ideal though in certain areas near vents or windows. They also are a deterrent for certain pest, so its a double bonus!

3: Realize you are not the landlord and do not get to enforce any of the "written" agreements. How do you know what is written in "their" particular lease? Maybe they pay more for the smoking habit. Without truly "knowing" the agreement its hard to make a general statement based on your agreement alone.

 

Retaliation may seem sweet yet the fines can be hefty. I discourage that avenue.

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Tayla, I've lived in my residince for 9 years, and I know how adamant against smoking my landlord is. I also checked with the Landlord And Tenant Act where I live, and they told me that if the tenant doesn't comply with the landlord's policy, the landlord is within his rights to evict them regardless of whether or not the lease says anything about smoking on the premises. I already talked to the landlord, and he said he'll get to the bottom of it. I'll try our cloves idea, however.

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Thanks for the replies, friends, I talked to the landlord and he said he would get to the bottom of it. So far, the smell has diminished, but I'm not holding my breath. I'll just have to wait and see.

Edited by Mapleleaf
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Tayla, I've lived in my residince for 9 years, and I know how adamant against smoking my landlord is. I also checked with the Landlord And Tenant Act where I live, and they told me that if the tenant doesn't comply with the landlord's policy, the landlord is within his rights to evict them regardless of whether or not the lease says anything about smoking on the premises. I already talked to the landlord, and he said he'll get to the bottom of it. I'll try our cloves idea, however.

 

Which country do you reside that allows the landlord to make willy nilly policies and get full dictatorship to evict with no recourse for a tenant? I just want to make sure not to move there.....

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  • 3 weeks later...
creighton0123
Which country do you reside that allows the landlord to make willy nilly policies and get full dictatorship to evict with no recourse for a tenant? I just want to make sure not to move there.....

 

The Great U S of A. In most scenarios, evicting a tenant isn't a matter of kicking them out. It does take quite a bit of time and tenant compliance can mean cancellation of eviction notice/notice of intent.

 

The sad part is that eviction, despite being an option, is pretty difficult in most places. You have to notify the tenant of your intention to evict, then being eviction proceedings. If they comply with your policy long enough only to break the rules again, the whole process has to start all over again.

 

Best bet? The landlord is well within his right to charge whatever he likes for the unit, offer inspection with notice, and in many municipalities, charge excessive fees or fail to return security deposit.

 

Sadly, it all does depend on what state and city you're in. The laws very greatly from location to location.

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