Posted by Real Estate Mogul on February 19, 2001 at 21:42:11:
In Reply to: Cigarette Smoke posted by Susan on February 18, 2001 at 10:46:17:
You have the right to peacefully enjoy your apartment, but the tenant below you also has to enjoy his space, and to smoke there if that's what he wants to do. (I'm assuming his lease doesn't ban smoking. I'm also assuming he's not smoking in common areas like hallways and elevators of the building - that would be illegal.)
I'd get a better air filter (the new ones do a great job of getting rid of tobacco odor.) Or maybe convince the guy downstairs to quit smoking. You should also see a doctor with regards to your "coughing and wheezing", I doubt your neighbors smoking has anything to do with that.
: The new tenant below me is a heavy cigarette smoker. The smoke has now worked it's way up through the floor and is in my apartment each night. By about midnight my apartment smells as bad as a bar. I find that I am caughing and weezing in the middle of the night. I purchased an air cleaner but it doesn't help. I live in New York City (Manhattan) and I am in a stabilized rental. I've been in the building for 6 years. What action can I take to keep the smoke out of my place and damaging my health and belongings? Thanks.
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