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Smoking in apartment complex

Pau11y

Pau11y

Turbo Monkey
Oct 20, 2004
1,968
0
In a web in the corner of your room
Does anyone know what CO laws are on smoking in and around an apartment complex? I'm going to call Lawline 9 tomorrow and get a better clue.
My apartment, after dinner every night till bed time, stinks up like a friggin' ashtray from 2nd hand smoke seeping thru the walls. I also get blazing headaches from it.
I approached the management company but they're not willing to do a thing. Maybe I should print off some articles siting the popularity of non-smoking properties and the increase in law suits over this situation...

Here's one site I found: Linky

There seems to be particularly strong legislation in CA on this matter, per that link.
 
M

Mtnrider

Monkey
Jul 1, 2001
247
0
Littleton, CO
I'm a non-smoker and I'm all for the bar/restaurant smoking bans but how can you tell a person they can't even smoke their own home? I don't think I could ever agree with that. It sounds to me like you need to move…
 
Pau11y

Pau11y

Turbo Monkey
Oct 20, 2004
1,968
0
In a web in the corner of your room
Mtnrider said:
I'm a non-smoker and I'm all for the bar/restaurant smoking bans but how can you tell a person they can't even smoke their own home? I don't think I could ever agree with that. It sounds to me like you need to move…
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Question: (and I'm in no way trying to be confrontational w/ you about this) why do I need to move? Isn't it my right, as a renter who has a lease before the smokers moved in and my simple right to clean air (well, at least as clean as Denver can allow...) take precedence over those who generate the not-so-clean air? I mean if ppl can get evicted for generating really bad cooking smells...see my point? If I can't get this resolved I do indeed need to move, but I don't think my management company will let me out of my lease for this reason. I actually prepaid 12 mos in advance to secure a really nice deal on my unit, before the smokers moved in. I'm going to ask. But since there are no laws supporting my gripes, I might loose all my money if I move, and I can't afford that.

I spaced calling Lawline9...this coming Wed.


TheInedibleHulk said:
Or quit being a whiny little nancy boy
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Well, let me put it like this (whinny little nancy boy and all...biatch):
If you intensionally dose someone w/ minute quantities of arsenic every day, the person won't show any effects for the first little while. But after a while, it'll accumulate enough to kill the person, and that would be considered murder. Nicotine is a lot more toxic than arsenic so when ppl light up around you and you suck in their 2nd hand smoke, be it in the great outdoors, or seeping thru walls of an apartment complex indoors, wouldn't it at minimum be considered as reckless endangerment (there are suits in courts about this against parents who are smokers smoking in cars w/ children...check the link in the original post) and at most attempted murder? Another point is suicide is illegal (and I don't quite agree w/ this, but it's on the books...) . There's typically no way to enforce this if the person succeeds, but if you fail in a suicide attempt... And since smoking WILL kill you, some faster than other but eventually it will kill you, technically aren't all smokers breaking the law anyway...committing suicide?
And the rest of this comment is directed specifically at you Jeff: if you smoke and this thread offends you, GOOD! Personally, I find smokers the most inconsiderate bunch of ass hats on this planet. If you need to kill yourself, do everyone a favor and be quick about it - take a running leap off of North Lookout. This way, it saves the emotions of the ICU nurse when you linger like a bad case of ass-zit w/ a voice box and a hole in your trach w/ a straw sticking out of it. :bonk:
 
sanjuro

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
stop complaining. it is not like a little smoking could ever cause a problem...

 
Kntr

Kntr

Turbo Monkey
Jan 25, 2003
7,526
21
Montana
Maybe try talking to your neighbor and see what they say first. Explain to them about the headaches and the smoke coming into your apartment.

Worst case;
Go to management and tell them you want your money back and that you are moving and why.

OR

See if they could move you to a different appartment.


I completly agree with you. Smoking is terrible but this is a free country. I work in the medical profession and you would not believe some of the things I see..... smoking mothers bringing in their kids with asthma and cant figure out why.... smoking mothers bringing in their kids that are sick all the time and cant figure out why.... smoking PREGNANT mother, I wont even get into this.

All these people are then on medicaid so WE pay for their health insurance.
 
M

Mtnrider

Monkey
Jul 1, 2001
247
0
Littleton, CO
I only suggested that you need to move because I think it's about your only viable option... I don't think your apartment complex will work with you on this but who knows, like Kanter said maybe they will move you to a different unit but I seriously doubt that they will give you any kind of refunds, sucks that you prepaid as that makes things even more difficult.

Good luck.
 
N

NORTON

Chimp
Mar 3, 2005
52
1
Littleton CO
I really think your landlord should deal with it. Look at it this way- if it was loud music and not smoke coming through the walls, you would sure have a legit complaint. They can do whatever they want in there until it starts to f$%^ up your life. Try this angle on them. And then list the many apt. review websites that you signed up for, in order leave them bad press. (This worked very well on my last apt. landlord- got out of lease 1.5 months early, no penalty. But then again I had not pre-paid, and things like this is why I never ever will, plus I'm poor.)

Before you do, I would try talking to the folks, see if they can start opening windows or get an air purifier or something. Maybe grit your teeth and just buy an air scrubber for them, and one for you as well. I smoke and it would never occur to me that my neighbors could A) smell it B) be bothered by it, I bet they have no idea you are bothered.

Oh, and when folks politely ask me to put out my smoke cuz it bothers them, I ALWAYS do it, it's just basic human courtesy IMHO. When folks get up in my face about it, I stress and start smoking like Leary. Don't bother trying to enlighten us, we don't want to hear it. Think about how pissed you get when folks say "You can't ride here, bikes ruin the Earth!"- same emotions.
 
chinkerjuarez

chinkerjuarez

Monkey
Oct 18, 2006
142
0
Englewood, CO
Its bad enough that in the land of the free and the home of the brave that you can't enjoy a cigarette in a public place...but come on in your own home...no one deserves to tell someone what they can and can't do in their own home...what next their cars? or just make it totally 100% illegal....oh and I am a non smoker if you think i am against it because I smoke. Never touched those nasty things.
 
Tattooo

Tattooo

Turbo Monkey
Jun 5, 2005
1,859
0
OV
Just tell the landlord you're debating filing a nuisance lawsuit and naming him and the complex as co-defendants.
 
TheInedibleHulk

TheInedibleHulk

Turbo Monkey
May 26, 2004
1,886
0
Colorado
chinkerjuarez said:
Its bad enough that in the land of the free and the home of the brave that you can't enjoy a cigarette in a public place...but come on in your own home...no one deserves to tell someone what they can and can't do in their own home...what next their cars? or just make it totally 100% illegal....oh and I am a non smoker if you think i am against it because I smoke. Never touched those nasty things.
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Hear hear. The amounts you are talking about are so insignificant they are virtually nonexistant. You probably breathe in more toxins sitting behind a car at a red light or walking around Denver on a summer day. Regardless, you don't have the right to tell someone what they can or cant do in their apartment. People these days think they can force their will on anyone just by crying loud enough about it. It's the same sort of mentality that gets dirt jumps and mountain biking trails closed because of people complaining about how a bike going downhill is hazardous to their chihuahua or a group of kids at the dirt jumps is sullying the allure of their precious suburban paradise. If you cant handle it, move, and stop trying to make everyone just like you. Why do you hate freedom anyway?
 
EOBF

EOBF

Monkey
Mar 26, 2005
177
0
Bellingham, WA
TheInedibleHulk said:
Hear hear. The amounts you are talking about are so insignificant they are virtually nonexistant. You probably breathe in more toxins sitting behind a car at a red light or walking around Denver on a summer day. Regardless, you don't have the right to tell someone what they can or cant do in their apartment. People these days think they can force their will on anyone just by crying loud enough about it. It's the same sort of mentality that gets dirt jumps and mountain biking trails closed because of people complaining about how a bike going downhill is hazardous to their chihuahua or a group of kids at the dirt jumps is sullying the allure of their precious suburban paradise. If you cant handle it, move, and stop trying to make everyone just like you. Why do you hate freedom anyway?
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I agree, I don't smoke either. I never have. If you don't like it, you move. They are in their apartment smoking, it is legal and they are doing it in their own home. Leave now or accept it.
 
SkaredShtles

SkaredShtles

Michael Bolton
Sep 21, 2003
65,741
12,762
In a van.... down by the river
Ummm...... we're talking renters, here, right? An apartment complex should be free to ban smoking. After all - the apartment doesn't belong to the renter. :clue:

I'd agree that the gummint has no business legislating this stuff, but the *owners* of the property should make the decision.
 
LordOpie

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
EOBF said:
I agree, I don't smoke either. I never have. If you don't like it, you move. They are in their apartment smoking, it is legal and they are doing it in their own home. Leave now or accept it.
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Absolutely incorrect.

What you do in your apartment IS your business, until it intrudes on others.

Should your neighbor be allowed to blast his music at 3am? No. Same with smoke or sex or paper football.

If you want to play loud music, insulate your walls with noise panels. If you want to smoke and it leaks through, you should be responsible for buying and running an air filter.
 
TheInedibleHulk

TheInedibleHulk

Turbo Monkey
May 26, 2004
1,886
0
Colorado
SkaredShtles said:
Ummm...... we're talking renters, here, right? An apartment complex should be free to ban smoking. After all - the apartment doesn't belong to the renter. :clue:

I'd agree that the gummint has no business legislating this stuff, but the *owners* of the property should make the decision.
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I agree totally. And non smoking apartment complexes do in fact exist. The same should be true of bars, if there is enough demand for smoke free bars, people will open them.
 
B

ballr

Monkey
Apr 7, 2002
165
0
colorado
Holy Crap!!!!!!!!!! This whole thread is evidence that it is altogether too cold outside to go ride. Otherwise, no one would be wasting their time discussing this crap; we'd all be on our bikes instead.

Somebody rent an indoor gym and schedule me a kickball game or something...anything! F*ck, I'm so bored, I volunteered to go do errands for my wife today.

Oh Paulguy, I think you should move.
 
Mike Buell

Mike Buell

Monkey
Aug 9, 2005
766
0
On my way to the top of candycane mountain in a ba
You shouldn't have to deal with nasty smoke intruding into your apartment, especially if the situation didn't exist befor you moved in. You didn't move into the nusance it mooved in on you.

For me there is not much I hate more then catching a wiff of cigerette smoke when i'm out minding my own business whether its driving down the road or riding down the bike path. If I had to deal with it in my own house I'd be pissed to. You pay good money to live in a comfortable invironment.
Pau11y it may come down to you moving, but you definitly have a leagal claim when it comes to getting you preepaid rent back. Take it to small claims court if you need to. Its cheap and efficiant.
 
Kntr

Kntr

Turbo Monkey
Jan 25, 2003
7,526
21
Montana
LordOpie said:
Absolutely incorrect.

What you do in your apartment IS your business, until it intrudes on others.

Should your neighbor be allowed to blast his music at 3am? No. Same with smoke or sex or paper football.

If you want to play loud music, insulate your walls with noise panels. If you want to smoke and it leaks through, you should be responsible for buying and running an air filter.
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I agree completly.

Since its an apartment, its a whole different story.
 
Pau11y

Pau11y

Turbo Monkey
Oct 20, 2004
1,968
0
In a web in the corner of your room
You idiots and "your right to do whatever the hell you want in your own apartment..." SCREW YOU and your moral high horse! YOUR rights end where MY (or anyone else) nose begins pal and SMOKE goes IN my nose! Therefore you doing whatever the hell you want in your own apartment is CRAP and a complete cop out, especially if there's enough smoke billowing out of your pie hole to go thru walls into another apartment!
SO, I own this piece of land and I'm going to build a pig-sh!t methane production plant. YEAH, MY LAND so I can do whatever the hell I want! RRRIIIIGHT...I'd like to see how that flys right next to say a golf course, or a suburbia development. Hell, in this case, not even right next to it...it could be MILES away! HEY open air right...so what if the wind takes the "wonderful smell of money" into a suburbia-ville or school house... Yeah, until the EPA come and shoves a law suit up your ass so far you're gagging on it!
You and your arguments of being able to do "whatever the hell you want in your own apartment" is slap in the face of common sense at best and down right moronic and irresponsible at worse. In a communal living environment with adults AND kids, common courtesy would dictate no smoking, or anything else that would degrade that common living environment...loud music, cooking crystal, cooking dead fish-heads, smoking... Yeah, "my rights..." pfff!
 
S

sbabuser

Turbo Monkey
Dec 22, 2004
1,114
55
Golden, CO
Another idea: do you have a carbon monoxide detector? It does seem unlikely that you could get enough cigarette smoke through the wall of your apartment to give you headaches. But I do agree that once someone's actions negatively impact another person, the issue is no longer their right to do what they want, but the health of those affected.

Here's a good way to retaliate: start growing mold in the common walls of your apartment, then move...
 
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