smoking by apartment building

[cmw989]

What is the name of your state (only U.S. law)? WI

We have lived at our apartment now for almost four years, last week we got a note on our door saying we could no longer smoke by the back door as there had been complaints.

First off in all the time we've lived here we have smoked by the back door, never once in all that time had anyone ever said we couldn't. Even the managers and the owner have seen us there and never told us we couldn't. There is nothing in our lease about nor has there been any "official" rule put in place. We are not the only people who smoke by their door, yet nothing was said to them, only us.

I know it is the new people who just moved into the building in the apartment above us. It is not like if our smoking bothered them that they could not simply walk around to avoid our smoke(there are three doors to the building, two in the back one goes upstairs that they use and one downstairs that we use) or if it really bugged them they could use the front door. What is doubly angering about their complaining and our being told we can no longer smoke by our door or near a "common walk-way" is that the new neighbors have friends who come over and smoke on the stairs and sidewalk where they go in.

We feel its not right nor fair to single us out in this way. If they are going to say that we can't smoke by our door then they should have to pass a rule banning EVERYONE from smoking near the doors or sidewalks, not only us.

Yes I know we can smoke inside our apartment, but for various reasons we do not want to, and we also feel that our going outside to smoke is a courtesy to our neighbors, to keep the smoke from going everywhere inside the building as there is extremely poor air cirrculation in the building.

Please keep comments or snide remarks about quitting smoking to yourself. Thanks.

What is the name of your state (only U.S. law)? WI

 

[atomizer]

It is likely that the odor is finding its way into peoples open windows. At least, that was the problem I experienced and the reason I has to initiate rules changes in my apartments comprising of basically the same rule. The rules should apply to everyone as you have stated. I think you will find that your deposit will be dinged should you start smoking in your apartment. You should at least check with management before you start. And, you should stop smoking.

 

[FarmerJ]

Some of the people I work with ( many live in Grantsburg -Burnette county area ) have told me WI has a new anti smoking statute , have you checked the details to see if there is a provision in the law that addresses smoking near doorways of buildings ? Thats my suggestion is to learn the details of the statute, my co workers have led me to think it was the bars since many who live short distance but on MN side of St Croix valley would meet up with co workers in WI when they went out to be able to smoke in bars, anyway review your states anti smoking laws , if smoking near doorways is not addressed then your LL can enforce it at a lease renewal. If anti smoking law does apply to this doorway area then you will have to move the smoking to the distance the law list away from the doorway. Try your state govt web page links to learn more , and also your city / county incase they already have a more restrictive ord on the books.

 

[cmw989]

It is likely that the odor is finding its way into peoples open windows. At least, that was the problem I experienced and the reason I has to initiate rules changes in my apartments comprising of basically the same rule. The rules should apply to everyone as you have stated. I think you will find that your deposit will be dinged should you start smoking in your apartment. You should at least check with management before you start. And, you should stop smoking.

Yeah I know we should quit.

In the letter we got from them it says we can smoke in our apartment, if we did that honestly it would stink up the whole building especially in winter when all the windows are closed. That's one of the reasons why we go outside, plus I have a son and I take a lot of care that he is exposed to our second-hand smoke as little as possible. The specific complaint was that people were walking through our smoke on their way inside the building. Nothing was stated about smoke entering through their windows.

We feel it should apply to everyone and if they are going to do that, then they should provide a place for everyone to go smoke where they feel it won't bother anyone. I don't know what we will do in the winter, are we supposed to go stand out in the snow banks or something? Right now we are complying by going out to the parking lot. Which is a tad disconcerting since there is very poor security lighting out there and plus in the winter they aren't as vigilant about shoveling as they should be.

We've never had a complant about us before, never been a problem to them before and have never been late with our rent and we're a bit ticked off at the very rude sounding letter they taped to our door about this.

 

[cmw989]

Some of the people I work with ( many live in Grantsburg -Burnette county area ) have told me WI has a new anti smoking statute , have you checked the details to see if there is a provision in the law that addresses smoking near doorways of buildings ? Thats my suggestion is to learn the details of the statute, my co workers have led me to think it was the bars since many who live short distance but on MN side of St Croix valley would meet up with co workers in WI when they went out to be able to smoke in bars, anyway review your states anti smoking laws , if smoking near doorways is not addressed then your LL can enforce it at a lease renewal. If anti smoking law does apply to this doorway area then you will have to move the smoking to the distance the law list away from the doorway. Try your state govt web page links to learn more , and also your city / county incase they already have a more restrictive ord on the books.

I have looked up the new smoking laws and none of them seem to pertain to residents, they are all for businesses, government buildings, schools and such.

As for the lease, when we moved here we signed a six month long lease and they haven't had us back in to sign a new one in all this time. When we asked about it when our six months was up they said it went to a month-to-month lease and so we didn't need to sign a new one.

 

[atomizer]

if smoking near doorways is not addressed then your LL can enforce it at a lease renewal. .

Common areas are under LL control and he/she can enforce new rules as needed, and with notice so long as they do not materially change the terms of a lease.

 

[xylene]

A former tropical bird...

You are allowed to smoke in your apartment.

So do so.

Enjoy this luxury while you have it, as it is going the way of the DoDo.

 

[HomeGuru]

What is the name of your state (only U.S. law)? WI

Please keep comments or snide remarks about quitting smoking to yourself. Thanks.

What is the name of your state (only U.S. law)? WI

**A: quit smoking in or near the common areas of the complex.

 

[confused14law]

Are you disposing of the cigarettes properly? I had problems at an apartment once because we were right above a model rental, and our neighbors would smoke in the stairwell and just throw the butts around the front of the building. Obviously it made the apartment complex pissed when they went to show the rental and butts were everywhere, especially after a loud party or gathering that our neighbors would have often, the butts would be everywhere.

I would find out exactly what the complain was, try and figure out where you can smoke. Maybe the complex can provide a smoking area for you and others.

 

[atomizer]

HA!

I have butt cans near every entry and exit and people still throw their cigarette butts everywhere. Some times within inches of the cans.

 

[FarmerJ]

You can ask your LL if you can set a table and chair or old picnic table to set in the yard to use as a smoking place away from the doorway. In winter you could just shovel a path to the same area and smoke there too if you still do not want to smoke in your apt. Treat it as a sales pitch to the LL , by creating a area AWAY from the doorway that can be used for smoking they reduce the amount of work to prep other units as they become empty by having a place for tenants to smoke, I do understand the smoking outside thing , especially in winter, while at work there is no smoking with in a set distance of the houses and that includes the consumers who live there.