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4/22/2019 5:32:20 PM
Posted: 11/2/2004 2:24:49 PM EDT
I rent the top half of a duplex.


The owner lives below me. He recently took up smoking cigars, and the smoke comes pretty freely up into my apartment. The place stinks like cigars all the time now. I've asked him a few times to quit, but no dice.

Do you think I could use this to get out of my lease? I'm guessing not since nothing like that is mentioned in the lease.

Any revenge ideas? Maybe I'll start storing kimchee in the closet that shares air space with his half of the house.

Link Posted: 11/2/2004 2:29:40 PM EDT
You have a legal right to terminate your lease early if an unsafe condition exists. I am not a lawyer but I would call second hand smoke an unsafe condition. The way to go about it would be to send your landlord a letter regarding the smoke issue, and advise him that unless he fixes the issue, you will terminate your lease early. Your WI tenant/landlord rights can be found by doing a websearch for WI ATCP (trade and consumer protection). Unfortunately, your landlord will have to go after your neighbor, and that is bound to create hard feelings. I would say first talk to your landlord informally, and ask him to break the lease without any fuss. Even if your landlord gets the guy to quit smoking in the house, the hard feelings would surely mitigate the victory.
Link Posted: 11/2/2004 2:31:02 PM EDT
Must be thin floors
Link Posted: 11/2/2004 2:32:19 PM EDT
Link Posted: 11/2/2004 2:32:27 PM EDT
You must live in a real rat hole.
Link Posted: 11/2/2004 2:33:10 PM EDT

Originally Posted By TheKill:
You have a legal right to terminate your lease early if an unsafe condition exists. I am not a lawyer but I would call second hand smoke an unsafe condition. The way to go about it would be to send your landlord a letter regarding the smoke issue, and advise him that unless he fixes the issue, you will terminate your lease early. Your WI tenant/landlord rights can be found by doing a websearch for WI ATCP (trade and consumer protection). Unfortunately, your landlord will have to go after your neighbor, and that is bound to create hard feelings. I would say first talk to your landlord informally, and ask him to break the lease without any fuss. Even if your landlord gets the guy to quit smoking in the house, the hard feelings would surely mitigate the victory.




the landlord is the one doing the smoking
Link Posted: 11/2/2004 2:33:46 PM EDT
Perhaps he took up cigars to get you out?

Seriously, I'd ask him to see if he's willing to get one of those smokeless ashtray thingies (which capture the smoke) an airpurifyer (so it'll collect the smoke before it goes too far)...or at least smoke outside, if it's that bothersome to you. If he asks why...tell him you have asthma?

*shrug*
Link Posted: 11/2/2004 2:34:53 PM EDT
Does he have a daughter?
Link Posted: 11/2/2004 2:44:51 PM EDT

Originally Posted By hatebreed:
Does he have a daughter?




Yeah she's seven.

Link Posted: 11/2/2004 2:53:19 PM EDT
Man, you're making me feel like a prick. I live in a downstairs apartment and the neighbors above me like to keep their sliding glass door open when it's warm out. I dispise smoking in doors or in a car so I smoke on my patio...and if they have their door open it gets in.

Nothin' much I can do about that cept' quit I suppose.
Link Posted: 11/2/2004 3:20:46 PM EDT
Get stocked up on spray cans of fart spray. Spray down the vents back to his apt. When he complains, tell him if he won't smoke, you won't fart.
Link Posted: 11/2/2004 3:27:15 PM EDT

Originally Posted By Red_Beard:

Originally Posted By hatebreed:
Does he have a daughter?




Yeah she's seven.




Well, in eleven years you probably won't be mad any more. Have to go with plan b. Does he have a dog?
Link Posted: 11/2/2004 3:35:43 PM EDT
I live in a town house, the guy who lives next to me not only smokes cigars on his back porch but BBQ's every other freakin day, and he's smokes his meat, when he does not only does it smeel like my house if on fire, but I can't use my back door, I've talked to him about it, but I don't know what to do now, after talking to him the only thing that a face to face will bring is a fight, the town home ass. won't do anything about it.
Link Posted: 11/2/2004 3:38:14 PM EDT
black powder mixed with salt looks like ashes.

put it in his ashtray.


oops, i meant don't put it in his ashtray.
Link Posted: 11/2/2004 3:47:01 PM EDT
Chapter 134 of WI ATCP, rental practices:

folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=55966331&infobase=code.nfo&jump=ch.%20ATCP%20134

Your landlord is obligated to provide you with a safe rental property. You should probably consult a lawyer or at least research some case law, but I would print it out, show him the appropriate section, and tell him to quit or you are gone.
Link Posted: 11/2/2004 3:53:09 PM EDT
Link Posted: 11/2/2004 3:57:09 PM EDT

Originally Posted By KhanFire:
BULLSHIT! (video)

www.sho.com/site/video/player.do?player=WMP&video=/ptbs/2003/shs_clip&seriesid=134




I don't care about the health. I care about the stink, and if he won't quite, I'll use any excuse I can to break my lease and leave.
Link Posted: 11/2/2004 4:54:44 PM EDT


They are expensive, but the work damn good.
Link Posted: 11/2/2004 4:55:31 PM EDT
Too noisy. I'd rather move.

Link Posted: 11/2/2004 4:59:34 PM EDT
They don't make any noise. There is one right next to me now. If it is making noise, then it is broken or something.
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