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WHAT IS THE LEGAL DISTANCE SMOKERS CAN SMOKE IN FRONT OF AN APARTMENT BUILDING-GARDEN APARTMENT NEXT TO IT?

  • There is an ongoing problem in my apartment building. There are 3-5 gentlemen who spend the better part of everyday sitting at the front entrance smoking, throwing their butts all over the outside entrance to the building and onto my front garden area. They are there smoking at all hours of the day from early morning to late evening in the warm weather. The entrance to the building is disgusting and with these older men hanging out there smoking it looks like a retirement home for war veterans. I have asked them nicely and repeatedly last year not to smoke there because I have respritory problems and their second hand smoke comes into my house through the windows. It also travels into the building foyer itself. I do not think it fair that I cannot even sit in my garden because of having to inhale their second hand smoke and have to keep my windows closed. They were so bold and would take my own garden chairs to sit on at the entrance when they think I am not around. It is disgusting and they have started the ritual again as of yesterday. They are not willing to be reasonable. They have their own balconies and gardens. I would like to know what LEGAL distance they must keep from the entrance of the building and from my front garden door. Once I know the legal distance I will forward this letter to the building management and hopefully they will post a notice.

  • Answer:

    Sorry, but the "legal distance" you are looking for generally only applies to places of business and public property. It does not apply to residences. There is nothing you can do to prohibit cigarette smoking unless you live in a non-smoking complex (not just your apartment, but the entire property). Again, I know it sucks, but there is really nothing you can do, aside from mentioning it to the landlord and seeing if he is willing to do anything. Legally, he doesn't have to. Your only remedy is to give proper notice when your lease is up, and move to a non-smoking complex. As of today, smoking cigarettes, while disgusting and unhealthy, is perfectly legal, and there is nothing we non-smokers can do about it, other than avoid it.

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Other answers

In most states, no such law exists for residences.

Pascal the Gambler

In most states, no such law exists for residences.

Pascal the Gambler

Sorry, but the "legal distance" you are looking for generally only applies to places of business and public property. It does not apply to residences. There is nothing you can do to prohibit cigarette smoking unless you live in a non-smoking complex (not just your apartment, but the entire property). Again, I know it sucks, but there is really nothing you can do, aside from mentioning it to the landlord and seeing if he is willing to do anything. Legally, he doesn't have to. Your only remedy is to give proper notice when your lease is up, and move to a non-smoking complex. As of today, smoking cigarettes, while disgusting and unhealthy, is perfectly legal, and there is nothing we non-smokers can do about it, other than avoid it.

There is no legal distance from buildings for smokers. They are in a different building from you and have the right to smoke there 24/7 and you have no legal rights in this situation. You are picking on veterans and you would never win a court case. Why should they care about your health problems when they probably have more of their own.

Flower

There is no legal distance from buildings for smokers. They are in a different building from you and have the right to smoke there 24/7 and you have no legal rights in this situation. You are picking on veterans and you would never win a court case. Why should they care about your health problems when they probably have more of their own.

Flower

Sounds to me like you're more concerned about someone else invading your territory which is completely understandable. You don't need to use the "smokers" are scum excuse to justify your complaint. Ask your manager how much area comes as part of your lease and if someone else is treading on your assigned domain you have a legitimate right to tell them to leave your turf.

tgit23

I don't know where u live but were I do its 5 meters...which is about 15 feet....hope that helps..

james dean

i like this question. But it is not the solution. the smoke irritates REASONABLE people. These people are not reasonable. So, fight unreasonably. Buy some bug spray and when you know they are not going to be there, ideally time how early they start smoking there....and like a covert spy, take 1-2 cans of bug spray and spray everything. Use up one entire can the first morning. Leave casually. Let them smell something as onerous to them as smoke is to you. spray the ceiling, walls, floor, plants, etc. if such a thing exists, also find bug bombs that stink like hell and hide them near the entrance. and spray around each smoker's unit. that is not illegal!!! u could follow this up with hiring a college or HS kid who lives 1-2 blocks away to come and toss smoke bombs towards the same place where the guys hang out.

kemperk

i like this question. But it is not the solution. the smoke irritates REASONABLE people. These people are not reasonable. So, fight unreasonably. Buy some bug spray and when you know they are not going to be there, ideally time how early they start smoking there....and like a covert spy, take 1-2 cans of bug spray and spray everything. Use up one entire can the first morning. Leave casually. Let them smell something as onerous to them as smoke is to you. spray the ceiling, walls, floor, plants, etc. if such a thing exists, also find bug bombs that stink like hell and hide them near the entrance. and spray around each smoker's unit. that is not illegal!!! u could follow this up with hiring a college or HS kid who lives 1-2 blocks away to come and toss smoke bombs towards the same place where the guys hang out.

kemperk

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