Tenant Troubles: Smoked Out
We live in Oakland in a building with about 100 units, and per Oakland ordinance, smoking is prohibited in common areas of the building, even...
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PhilD said:
November 18, 2009 12:45 PM
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I've had some problems with this myself. My lease has hand-written on it "no smoking" yet I violated that stipulation and have smoked in my apartment for years. Terrible, I know. The problem I had was with the landlord - when the unit across from me became vacant she said she had difficulty renting the unit because of the smoke smell.
Fortunately, this has never been a tenant vs. tenant issue. I have gone out of my way to ask my floormates if the smell every bothered them and they've all said they didn't notice it - including my new neighbor across the hall. I always ask my non-smoking friends if the hallway smells and the general response is "just a little". Given that situation I continue to smoke despite the lease simply because I am convinced none of my neighbors have a problem with it. I would feel very different if a neighbor complained to me or my landlord.
I'll get my comeuppance when its time to get my deposit back, I'm sure.
Rain Jokinen said:
November 18, 2009 1:06 PM
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What are the San Francisco rules about smoking and common areas of apartment buildings? I've had to deal with the stench of cigarettes since I first moved into my place years ago, but I didn't think I could complain about it since people are technically smoking in their own apartments (and it's not a non-smoking building). The issue is people smoke out the window of their kitchens or bathrooms, and those windows are connected by an air shaft (I think that's what the area of the building is called) with other units, and the smoke just rises into any open windows above. Which, being that I'm on the top floor, are mine. Yay!
Does that count as a common area? Could I really have the landlord force people to smoke in their apartments with the windows closed, only?