Asshole upstairs neighbor's cigarette smoke is filling my apartment

Buy one of those 'smoke eaters' for your apartment. They're not too expensive and they get the job done. Find them at Lowes and HD or other home improvement / hardware stores.

Could you recommend a model, R1? I just googled 'smoke eaters' and the results I found had models that were thousands of dollars.

You should smoke some crack and in the hallway outside their door.

Here are some home models under $1k.

There’s something called warranty of habitability that’s implied in a lease in most states. Also, depending on the state secondhand smoke might be considered a legal nuisance.

[quote]The entire back hallway of the building is actually hazy with smoke during certain hours of the day

If this is true (which … I smoked for a lot of years and it would be impossible IMHO to create a haze like this from behind a door), I would consider that it isn’t cigarettes. Bongs can create this type of “cloud” but cigarettes …

It would need multiple people chain smoking 24/7. Maybe that is the case here, but hookahs seem the far more obvious answer.

Thank you for the suggestion, R4, but the only 'available model' is $715. That's still an awful lot of money...

I've always been a big fan of the anonymous note.

City, State?

Cook really stinky smelly food and make sure to let the aroma waft continuously in their space.

Oh, it DEFINITELY smells like cigarettes, R6. It's kind of an unmistakable smell, no? Hookah or bong smoke I wouldn't mind as much. I don't smoke either, but they're far less nasty smelling than cigarettes. There could be as many as three people living up there since these are 3-bedroom apartments. They're also young (look to be in their early 20s) and have people over all the time, so it could be any number of people smoking.

I live in Chicago, R9.

Smokers are so self righteous, if you approach them and talk to them about it they will immediately get defensive and aggressive. I agree with R8 but I bet that will only backfire as well. You are stuck with the problem I’m afraid

Is there a “quiet enjoyment“ clause in your lease OP? It means as a tenant you have the right to peacefully enjoy your space without nuisances from the landlord or other tenants infringing upon it.

If that’s the case it’s your landlord’s issue too.

You need to buy a smoke eliminator or move.

They certainly can be, R12. They're also just addicts, and addictions tend to come before other people's comforts.

Would cigarette smoke fall under this "quiet enjoyment" clause, R13?

I believe it does r16, but the law varies by state.

The landlord should be involved, however. If they’re smoking inside it will be an absolute pain in the ass to remedy that when they leave.

Legally, you're screwed in Chicago, and Illinois in general. There is no state or local law prohibiting smoking in private residences. You can pursue accommodations based on documented, adverse effects on your health in large buildings, but not a four-unit one. Talk with the landlord or manager? They can be the conduit to your neighbors. But there is nothing you can do legally to force them to stop smoking in their home. Sorry.

[quote]Thank you for the suggestion, [R4], but the only 'available model' is $715. That's still an awful lot of money...

I suppose it is, but think how it could help you.

I condole you OP. I'm in a no smoking building that threatens lease violations, but addicts don't care and smoke anyway, and most landlords don't do anything and hope the problem goes away. Open windows, fans, air purifiers, room spray -- nothing works for long. I would seriously consider the $700 smoke eater or move.

These are less expensive.

OP, you simply have to get them out.

Do you need some tactics guaranteed to effect this outcome?

Call them in as drug dealers.

PineSol and lots of it.

A system of fans pointed their way to repel the smoke?

Why do your neighbors need to bother with four flights of steps to smoke outside? Have they not read DataLounge?

I don't know any smokers who still smoke in their house. They all go outside. What kind of white trash are your neighbors?

It's ridiculous what neighbours get away with in buildings. I used to live on the first floor and there were not many apartments around so I didn't have to deal with neighbour issues as much except for some inexplicable reason, I would smell the cooking of food in the morning on weekends. It would come through the vents.

I moved a higher floor and the neighbours are so loud - blasting their TV, blasting music until 11 pm (the time when noise is permitted here in Ontario), and lots of cooking and cigarette smells. I tried taking a shower after 10pm and my neighbour banged on the walls yet they blast their TV well into the night. I stopped using the shower after 10 so not to annoy them.

It's not difficult to be considerate to those who live around you. If I was a smoker, I would go outside or use the balcony.

Just break the lease and move.

No one can be expected to live in such circumstances. Your landlord isn’t going to take you to court, they’ll just let to someone else.

In fact, what you should be doing is complaining about it in writing to the landlord so there a paper trail of the landlord’s unwillingness to resolve the issue.

Definitely write a letter to feel out the LL.

OP I would bet that this guy is smoking outside of his apartment in the hallway, as he or his room mate/partner don’t want him smoking indoors. Have you spoken to any of the other neighbours in the building about this? They probably feel the same way as you do.

OP, I was in a similar situation. The upstairs neighbors were smoking in the common stairway. Smoke came right into my bedroom window. It was horrible. I approached very gently, diplomatically (“Hey, sorry to be that cranky guy downstairs but…”).

There were two problems. One, they’d respond nicely but within a day or two were back to smoking wherever. Two, they had roommates and many friends who all smoked.

I contacted the landlord. Though they were in violation of the lease, landlord did nothing. Couldn’t be bothered. And even if they were violating city ordinances I didn’t consider acting on that because when these neighbors threw loud parties and I contacted the city/police, essentially I was just laughed at.

Point is—in my case—only solution was to move. Saved my sanity. (And I checked out the neighbor situation prior to signing the new lease.)

I wish you luck, OP. I know how awful it is.

[quote] Thank you for the suggestion, [R4], but the only 'available model' is $715. That's still an awful lot of money...

Actually, your landlord should be paying for this, not you. If they say 'no', then they should help you relocate to another unit on the property.

When I owned a business (retail store) I had a similar problem with the 'cocktail lounge' which operated next door to me. I complained to the landlord after I was there for a few months (they never pointed out this was a problem with the previous tenant) and they ended up installing one of these smoke eaters in my space- and it worked well. Then a few years later, my state passed a law which said there would be no smoking allowed at all in any commercial space (so the patrons next door would stand outside my store and smoke - and again, the smoke eater came to the rescue !).

As someone with lots of asshole neighbor experience, I agree with the 'move' comments. Had to do it myself. It's a pain in the fucking ass, but you'll feel much better.

As mentioned upthread, they're addicts. They're not going to modify their behavior for you. Your landlord won't do shit either. You're going to have to bite the bullet, OP. Life's too short not to.

Approach the owner in a way that hits their wallet. Say, not only is it a fire hazard but it can make the apartment harder to rent in the future. Are you in the US?

Coway Airnega — the square ones — are excellent air purifiers for under $200 on Amazon. I’m unsure how they deal with cig smoke, but they have a setting that kicks in when more filtering is needed, If you start cooking, it kicks right on.

Whew chile, the ghetto!

I have to agree with the people saying that your best option is to move. Ideally to a detached house because it doesn't seem like apartment living is for you. Is there a reason why you can't move especially when you have a landlord and are paying rent? Smoking in people's own homes is generally allowed.

OP: I've self-published a couple of pamphlets you might find useful!

I bet they are smoking in the hallway because someone in the apartment objects to smoking inside. Ironic.

Window fans on exhaust are very helpful, would be less expensive than a smoke eater.

Op does your building have roof access? If they're amenable to discussing this maybe suggest they go up the single flight to the roof.

You could also try waiting them out, young people are usually transient in larger cities and move often.

Typically smokers are put in upper level floors bc smoke tends to rise, but if you're sensitive to smells, get an air purifier in addition to window fans. Create 'air curtains ' in as many places as you can.

I just heard a case where a tenant was smoking in the unit for seven years and the landlord wanted compensation for the smoke damage. There was no prohibition on smoking in the units so he got no extra money for the smoke damage. You need to move or put up with it (you can start smoking and perhaps make friends while you are at it).

Cig smoke unrelentingly comes through vents, walls and floors, and races via building currents from floors far removed. I have medium priced air purifiers running 24/7 for my parrot, and they do very little to combat hardcore cooking smells and all the layers of smoke. Having a keen sense of smell is a blessing and a curse.

R12 what do you mean by approaching smokers to talk about it?

Insulate your door, and good luck. Smoking is nasty, and I say that as an ex smoker.

Have a spine and go confront them. Threaten to sue em if they don’t stop.

Also. Tell him that you’re going to call Servpro. And have them super deep clean your apartment. Then you’re gonna have the bill sent to them. Tell them that secondhand smoke is just as deadly as firsthand inhalation. OK I guess that’s enough.

[quote]I can't lay in bed,

Oh, dear!

[quote]Threaten to sue em if they don’t stop.

Good luck with that. They're not doing anything against their lease, per the OP. You will not prevail on someone not doing anything illegal in their own unit.

I'm pondering your situation as I go get a pack of cigarettes.

"There’s something called warranty of habitability that’s implied in a lease in most states. Also, depending on the state secondhand smoke might be considered a legal nuisance. "

True and maybe worth pursuing, but it's going to be a pain. OP is going to have to move when the lease is up. He shouldn't have to but people suck and I doubt the neighbor and landlord will resolve it.

Thank you for so many impassioned responses, dear bitches. I intend to put many to use!

I don't think I'm quite ready to move yet, as I've been in this apartment for 12 years and have put so much work into making it a beautiful space that's just perfect for me (save for neighbor-funk) and it's a fantastic location. I'm a bit of a coward when it comes to bringing problems to my landlord since, as this neighborhood has gentrified more, rent prices have begun to rise and he could be charging me much more than he is. I'm almost afraid that making waves will remind him of that. Plus, my work may well end up taking me to the west coast in the next couple of years. So I think I may just need to suck it up and handle this internally. Perhaps this means biting the bullet and going the insulation/air filter route.

...with a healthy sprinkling of passive aggressive notes, of course. ;)

It's shocking to me that in this day and age smoking is still permitted in buildings.

Smoking should be BANNED!

Suck it up buttercup, you're gonna die of something. At least this way you can blame it on someone else and not your own crappy choices.

Poor cats living in that environment. They can never get away from it. Indoor smokers are so selfish.

Do the note thing but mention that you have asthma. Don't make it about hem being jerks.

Indeed, R55.

I don't think it's going to kill me, R54, but it's certainly going to inconvenience me—which is a far worse fate!

[quote]True and maybe worth pursuing, but it's going to be a pain.

Turns out Op is in a state where it’s not worth pursuing.

Bob Vila's suggestions are okay, but there's a much cheaper effective one. Winix hepa filters use both filtration and plasma waves to remove smoke and odors. And they work really well. For a lot less money than the stuff on the bobvila website.

I recently purchased a STARKVIND air filter table from IKEA, and although it removes dust and smoke, it doesn't get rid of odors as well as my Winix filters do.

The Winix C555 is available at Costco for less than $200. And the Winix website is having a sale right now, with some models under $150. I don't recommend the C535 though - too small.

Aces! Bless you, R60.

Wear an N95 mask and stir-fry Vietnamese shrimp paste with Thai fermented fish whenever they smoke. Blow the smell in the direction of those assholes. Disgusting smell requires another disgusting smell to clear out. It worked for me.

I'm getting the Winix 5500. OP, it's even cheaper on Amazon

My first Winix was a 5500, R63. It does a great job. I got it from Amazon during their Cyber Monday sale back in 2014. It still works - I gave it to a friend 2 years ago. Less-expensive aftermarket replacement filters are readily available on Amazon. For best results you should use it in your bedroom while you're sleeping. They're light enough to move from room to room.

While it may be legal for them to smoke in their unit, the volume of smoke suggests they are smoking in the hall or stairwell, which should be a violation.

Consider just calling your landlord to talk it through (without threats). This is NOT normal.

(I had a neighbor on a lower floor who, because the building was old and had steel beams, had issues with cell reception in her unit. She was constantly on her cell and did so while smoking and pacing in the common hallway. It went right up the stairwell and under my door as if she were right outside. The management spoke to her and she changed her behavior.)

I used to have a next-door apartment neighbor who would smoke outside but in front of my unit, which allowed smoke to come in especially when the a/c was on. I asked him why he smoked in front of my apartment. He said "I don't want smoke to get in my apartment - I hate the smell." lol fucker. I finally complained to management and they told him to move it 20 feet from anybody else's unit, per state law.

And mgmt was kind enough to make a sitting area with ashtray about 50 ft away across the parking lot under a shade tree. It worked. But the neighbor would still spit outside his and my door, another of his nasty habits. This is also against the law here - there are anti public spitting laws on the books, who knew? - and he got an eviction notice over that. But he stopped that too.

I had that issue at a previous residence until I got a window fan pulling air into the apartment.

Thanks R60. I'm allergic to many things, have a parrot and a Vietnamese shrimp pasty neighbor, and of course the odd cig smoke coming thru the vent at 3am. My Guardian Technologies purifier happened to die yesterday, so I look forward to a step up.

My Neighbor told my Landlord ( of this cockroach infested dump), that I was smoking mari-juana, and he could smell it. Fucking jerk. I have to smoke pot outside now.

If you start smoking, OP, the aroma won’t bother you so much.

Thank you R70, but I'll pass. I quit smoking over a decade ago because I finally figured out I was walking around smelling like a burning garbage pit all the time.

Well, if , as you claim, you’re surrounded by smoke day and night in your apartment, do you smell that great now?

Stop trying to peer pressure me, R72!

I’m just offering options. Jeez!

You asked what to do, and I told you. Now that’s the truth, to face and to deal with, if you want to survive.

Alright, well...

At least take your shoes off. I just washed that floor.

Just mention it to them. I smoke cigarettes. I know it bothers some people. I'll go outside or away from the building if need be. Sorry if it's deadly cold or whatever, I'll perch myself by a window (see the gargoyle on the ledge thread).

Just talk to your neighbor.

Although I doubt there is smoke going thru the door. I think you're blowing smoke up your own ass for WW. They are quite valuable

Nice work R76. I read this thread and thought to the same thing. A lot of this story also seems quite outlandish and embellished and with an axe to grind. I know a couple of smokers and no-one ever smokes inside in this day and age.

Why can't you just talk to them OP? See if you can come to some kind of compromise? Perhaps if you talked to them about how they are affecting your life (and presumably the life of others in your building) they might take care of it of their own accord. Maybe they haven't thought how their behaviour is affecting other people. A lot of people don't because they are self-consumed.

Just a thought. Or was your modus operandi to come and have a bitch about smokers in general on DL?

You can out last them OP if you’ve managed to hang on to that apartment for 12 years. I hate the smell of cigarette smoke. I lived on the top floor of a duplex and my neighbor was trailer trash who smoked and had a twelve year old son. I could smell it from every room because the house was old, poorly insulated and had wood floors. Luckily I was able to move out of state after one year. I was so relieved I no longer had to share space with Roseanne and her brood.

[quote]Although I doubt there is smoke going thru the door.

It's a pre-war building. Much historical charm but also many cracks, crevices, and creaks. Like DL.

Find out who their landlord is and communicate the situation to them. You may be surprised what resolves. My managing agent contacted me to tell me a renter next to an apartment I own had contacted them complaining about butts flicked into the garden (!), so I had the tenants promptly evicted. It turned the existing tenant was subleasing, so they went as well. Problem solved. And I was able to raise the rent , so a win-win.

R79, Oh, horse shit. I've been living in a hundred+ year old buildings since I was 18 years old. Grow up, and either talk to your neighbor or figure it out on your own.

Tell your landlord that your neighbour is smoking in the hallway and stairwell and he will get on to it. If they are doing that, at least it will stop. If on the other hand they are only smoking in their apartment, it's on you to either get a filter or move.

Sorry about this, I feel for you.

The smoker has entered the conversation and stated her boundaries.

R82 I do not have solid evidence the neighbors are smoking in the hallway, only that it is sometimes filled with smoke, which, if their back door is as drafty as all the other doors in the building, could be leaking smoke into the hallway if they do an enormous amount of smoking in their kitchen or back bedroom. Either way, I don't see what could stop them from denying it, and there is nothing in our lease specifically prohibiting smoking indoors, as stated in the OP. Apparently, according to some legal eagles in the thread, in Chicago this is not something that CAN be legally prohibited in leases, which is baffling to me in this day and age.

I think I am going to go the Winix air filter/passive aggressive anonymous note on their door claiming allergies route. However, if I ever do actually witness them smoking in the hallway, I think I definitely have to get over my confrontation issues and go to my landlord about it, as surely that cannot be okay to do.

Smokers are addicts and don't give a fuck. Your neighbors are the ones who should get a smoke eater, but they never will. Good luck OP

I switched from cigarettes to a vape about 3 years ago. I love it (though I’m sure time will tell it’s just as bad for you as smoking.)

Now my place smells like honeydew or vanilla, at least. And I’m not going to burn it down by accident. AND I can sneak puffs in public spaces if I’m crafty about it.

Anyway…. here’s praying your neighbor discovers vaping! It’s delicious.