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Smokers Rights
I received the following letter from the manager of my apartment complex.
Here at ------- Apartment Complex we do not have a no-smoking policy, nevertheless, all tenants have a right to a peaceful and comfortable living. I have recieved numerous complaints from the tenants in our building concerning your smoking. They are stating that the smoke is going through their vents in the bathrooms and also through the airconditioners. Together with the ------------Realty company we would like to ask you to smoke outside your apartment. This will eliminate the second hand smoke that the tenants are exposed to. If you have any questions or concerns please contact us immediately.
Yes - Im a smoker and it's a nasty habit. I totally respect nonsmokers rights to not be subjected to second hand smoke. Therefore I have never smoked in any of my homes (I don't like the smell of old musty stench); I only smoke outside (away from any potential open windows or common areas). The appartment manager has contacted all the tenants in my builiding asking them to report to her any odd smells creeping into their apartments, because (naming me personally) is a smoker and they are having serious issues with me, which lead to the above letter. Im being looked down on and accused of something I haven't done. I can't deny being a smoker, because at some point in time Im sure they have all seen me outside having a cigarette - I can't prove that Im not the one smoking in building. And now that they've shamed me so publicly through out the complex; the real smoker puffing away in their apartment sure the heck isn't going to come forward.
I don't want to move, I love my apartment - but I shouldn't have to live under such scrutiny. Do I have any legal grounds against the complex for one, suggesting in the first place that I not smoke in an apartment that I pay rent for (though I still continue to go outside, rain or shine - Im very tempted to start smoking indoors to just spite everyone) and secondly for publicly slandering me??
Does anyone out there know what my legal rights are as a smoking renter??
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Re: Smokers Rights
Laws are different in each state.
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Re: Smokers Rights
Where/how were you "publicly slandered"?
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Re: Smokers Rights
Frustratedrenter,
You could consider quitting and then simply say that the management has the wrong person.
If you do smoke, leave so noone knows that you are smoking.
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"Smoker's Rights"...
In attempt to offer you some sort of resolution, might I concur with all of the previous responses; laws definitely vary in each state and I can indeed see your perspective on feeling as if your name has been slandered.
However, just as you have the "right to smoke", your neighbors have the right to breathe.
With this said and to my knowledge, in the state of California alone (not to mention others), laws have already been passed disabling the ability to smoke in several cities due to local resident complaints. Consequently, have you considered asking your landlord to itemize a specific smoking location for you and/or other smokers (this way, your neighbors as well as other tenants residing there are able to view the fact that you are doing your part in being a "responsible neighbor")?
Lastly, perhaps you should attempt to do the obvious which is merely to confront your neighbors personally, and "clear your name".
Good luck with whatever you decide upon.