Another tenant smoking issue
I am landlord of a brownstone on a quiet block in South Brooklyn. I found a note under the main door of the building from the new (top floor) next door neighbors demanding that one of my tenants (second floor) stop smoking out of his window, as it floats into their bedroom “every night”. My tenant has been there over 6 years (smoking out of the same window) without complaint, and while he is sorry they are offended by the smoke, and completely willing to talk to them over some kind of compromise (a conversation I have agreed to be a part of if both parties wish), he is within his legal right (I believe) to do what he wants in his own apartment, and the fact the the smoke happens to float into their room is just unfortunate. This tenant works hard, gets home late, and I don’t think going out on the stoop and smoking would really solve the problem, asking him to walk up the block to smoke in the middle of the night is a bit much (as opposed to just closing your window). I’m just wondering what other landlords think, and anyone for that matter, if anyone’s been in a similar situation. Again, the tenant is willing to compromise, but the nasty tone of the neighbor demanding he “stop smoking” because it’s “getting unacceptable” seemed bit much for someone who just moved in. My tenant just went out of town for a couple weeks, and was not able to respond, I feel compelled to respond, so the neighbors don’t think they solved the issue not knowng the tenant is away, just to be surprised with smoke in 2 weeks when he returns. Would love to hear any thoughts.
lifer
in Landlord 12 years and 11 months ago
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9 replies
Goatcrapp | 12 years and 10 months ago
additionally – a GREAT hepa filter for smoke and allergies (a bit more than the standard 100.00 haier) is the austin air healthmate series (500.00 and up) – does 1500+ sq. ft, and is one of the few non commercial ones i’ve experienced that did a great job with smoke. If I for instance, had bad smoke allergies, but chose to live in or around the city anyways – this would be on my list. In my case, i don’t have one here, but have it at my summer place upstate – i can[‘t exactly go complaining to my country neighbors about cutting their grass because of my pollen allergies.. That onus is on me.
Goatcrapp | 12 years and 10 months ago
I’m not a smoker, and i prohibit smoking in my buildings… but my answer to the neighbor would be boo-frigging-hoo. That’s an issue between them and the tenant – not you. If you are at ALL accomodating to them, you’ll become the steward of each and every complaint.
brokelin | 12 years and 11 months ago
Maybe smoke containing ashtrays will come into more use…one can only hope. As to the risk of fire, yes, smoking, especially in bed, or falling asleep on the couch causes house fires, but I think I read that candles left burning (near curtains, usually, that catch fire) is also a major cause, so I’ve begun to think that common sense (which would result in not lighting candles near curtains, and not leaving them in a room unattended in any event), for this reason and many others, is the most important quality to look for in tenants, housesitters, and houseguests when one is not at home.
Bklnite | 12 years and 11 months ago
As a landlord I will ask on applications if a prospective tenant smokes and give preference to non-smokers to avoid issues with smoke annoying my other tenants, as well as to avoid fire risk, but if your tenant is allowed to smoke in his apartment I don’t think the neighbor’s complaint is your problem. If Bloomberg decides he’ll serve a 4th term as mayor maybe he’ll outlaw smoking altogether in NYC, and then your neighbors will have reason to complain.
brokelin | 12 years and 11 months ago
the new tenant next door may be an owner, poster does not say, upset about spending bucks for a place they now have difficulty sleeping in. without meaning to be as callous as this sounds, they will get used to it. I am someone who is highly allergic to cigarette smoke. but even I recognize there is nothing I can do about it wafting in from outside, other than perhaps ask the smoker to smoke elsewhere … which I have not done in such a situation, as I find it easier to alter my behavior, which is all I can really reliably control. when my backyard neighbors did charcoal barbeques, the rear bedrooms of my apartment would fill with noxious smoke…knowing they had the right to barbeque, I simply closed my rear windows, or turned off the rear window air conditioners which just drew it in, and stayed in the front portion of my apartment, even sleeping on the couch until the party, which produced noise as well as charcoal fumes, was over. If my apartment did not stretch a full floor, I would have gone out. Luckily, I did not have a small child or elderly relative in my home with asthma triggered by smoke…that would be a far more difficult situation. do not come between them…be polite and sympathetic to the neighbors, who may not be entitled but simply at wits end with the smoke, suggest they let your tenant know that the smoke bothers them, and perhaps at most say you will let the tenant know of their concerns….but the next door neighbors must know there is nothing you can really do, and that you are unlikely to have a tenant move on, if you even could, due to their sensitivity to smoke….they are likely just trying whatever they can think of while deciding if they can live with it…if they are tenants, they will likely move on if the smoking continues, as i definitely would, as I know people whose health has precipitously declined from smoke coming in through walls and floors in from others in their building… and if they are owners, and cannot leave soon, they may invest in some solutions such as those suggested above. I do not think a solution is up to you. If your tenant cares about their smoke bothering others, as some smokers do, they will smoke elsewhere, or try smokeless ashtrays, or smoke inside, not out the window…if they do not care, as many other smokers do not, it is not really your problem. the desire to not bother others with smoke or other unnecessary allergens is, I have found, something that can only be addressed by the offender changing their habits, through self motivation to not annoy, or by an agreement between the two involved parties….in the absence of a law governing the behavior, such as no smoking bans in restaurants, there is nothing a third party property owner can do, so you are well advised to stay out of it. and I would limit my interactions with the neighbors…your sense that their raising the issue is nasty and too much since they just moved in speaks volumes about your feelings, and thus your participation will only fan the flames of the disagreement. I do not think the length of their residence has anything to do with it, and, whether they are entitled twits, or just allergic or asthamatic folk just desperate to breathe healthily while they sleep, they do have a legitimate health concern, even if you are not the party who can actually address their problem. do consider that their tone may be driven not by nastiness but from frustration from breathing difficulties and resultant sleep deprivation, which will alter the tone of the sweetest person…consider how you might feel if kept awake by noisy neighbors…same effect if smoke triggers asthma in you. even if they are not allergic, everybody knows second hand smoke causes cancer…it was the realization of that that finally brought bans against smoking in public places…no one cared when just the allergic and asthmatic were affected…not until it was clear everybody was affected did things change. someday, this behavior may be illegal…and they will have about as much luck enforcing it as people who are kept awake by noisy neighbors.
daveinbedstuy | 12 years and 11 months ago
Although I don’t condone smoking in the building, and it is disgusting when you encounter it, brace yourself for further issues from the entitled new tenant.
orangejulian | 12 years and 11 months ago
the Tenant has the right to smoke in the apartment as of now, though there is talk of banning smoking in buildings, if the landlord allows it. The neighbor should close there window and use a fan if the room gets hot. The problem of smoke coming through apartment windows has been an issue for some renters and owners since the indoor smoking ban which sent smokers to the sidewalk and apartments above bars would get the smoke. I haven’t heard of the apartment renters/owners being able to stop people for smoking on the sidewalk. Since the issue is similar, smoking where one has the right to smoke and fumes go unwanted places, the neighbors don’t have much say. Also it can be a very smelly city and thats just one of the costs of living here.
g2bdon | 12 years and 11 months ago
I too am a landlord and would respectfully offer the following: DO NOT GET INVOLVED! You are opening the door to a never-ending process that will involve you in every future spat between these people. Let them work it out, you have enough to worry about. Regarding your concern about your tenant’s being out of town and being misinterpreted as a victory, forget it. Just say,if asked, “I believe they are away. Speak to them when they get back”. Politely but firmly let them know that it is not your problem.
GoodProspect | 12 years and 11 months ago
Speaking as a landlord, I think you are right. I can understand why the new next-door neighbors are annoyed (I would be, too, to have someone’s cigarette smoke wafting up into my apartment) but I’m not sure what you can do about it. Perhaps the neighbors can get some kind of venting fan that pushes air out of their space and would push the smoke further from the window? But I don’t think you have any obligation to pay for it or anything. I think you are living up to your obligation to be responsive and do your best to be a good neighbor by being williing to try and mediate between them, and reaching out to them to let them know he’s away right now but will be back. It helps aggravated people quite a lot just to know that they are being heard. It’s not the total solution for them, but you are smart to be responsive. We had tenants in our 4-family building who had loud parties in the building’s back yard, aggravating the long-time next door-owner-neighbors. They complained to us and we asked our tenants to be considerate, but there wasn’t much we could do. Thankfully those tenants have left.