Go Back   English Forum Switzerland > Living in Switzerland > Complaints corner
Reply
 
Thread Tools Display Modes
  #1  
Old 06.12.2012, 08:15
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Smoking issue from neighbours

I guess this is a complaint...but also a thread because i need some advice on what to do.

I live in a very old building which has been totally refurbished. I have lived there for just over 4 months now, and am having problems with the tenants downstairs smoking.
Obviously there is a structural problem with the ceiling/floor which separates our apartments because all the cigarette smoke from their room comes into our bedroom. Its only in one particular room and when they smoke we basically get gased out.
We are non smokers so we dont appreciate our house being filled with smoke.......and it takes days to get the smell out of the house.

I have spoken to them about it and they said they would only smoke in the kitchen with the doors open. Things havent changed though, and its obvious they still smoke in the same room.
I emailed the landlord (who owns the entire building) and asked him could we have someone look at the floor. He replied but instead of helping out he just spoke to the tenants downstairs like i did....so again no resolution.

The apartment is very expensive to rent, and even though we rent a 3.5 room house we are only using a 2.5 room house.
How far can i push the landlord to get it fixed??
Reply With Quote
  #2  
Old 06.12.2012, 08:30
Assassin's Avatar
Forum Legend
 
Join Date: Mar 2010
Location: Chasing clouds
Posts: 3,751
Groaned at 155 Times in 107 Posts
Thanked 9,868 Times in 2,775 Posts
Assassin has a reputation beyond reputeAssassin has a reputation beyond reputeAssassin has a reputation beyond reputeAssassin has a reputation beyond reputeAssassin has a reputation beyond reputeAssassin has a reputation beyond repute
Re: Smoking issue from neighbours

Tricky, but I can't see much of a way out of this unless you are prepared to move out and threaten the landlord with that option too. Selfishness isn't something that you can treat externally I'm afraid.
Reply With Quote
The following 7 users would like to thank Assassin for this useful post:
  #3  
Old 06.12.2012, 08:35
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

I thought about either moving out and breaking the lease, which i dont want to do because moving is a big deal.
But even if i did, he would probably find a tenant in a week or two anyway!!

What about if i stop paying my rent until it gets fixed??
Reply With Quote
  #4  
Old 06.12.2012, 08:45
Divesnowboy's Avatar
Senior Member
 
Join Date: Feb 2011
Location: Zürich
Posts: 424
Groaned at 2 Times in 1 Post
Thanked 286 Times in 135 Posts
Divesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputation
Re: Smoking issue from neighbours

Is there a shared ventilation system that spews into the said room?
Could you not bring it up with the authorities responsible for health and safety and have them approach the landlord?
Reply With Quote
The following 2 users would like to thank Divesnowboy for this useful post:
  #5  
Old 06.12.2012, 08:48
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Villars-sur-Glâne, FR
Posts: 7,249
Groaned at 93 Times in 79 Posts
Thanked 11,471 Times in 4,144 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
Re: Smoking issue from neighbours

I don't see how you can stop someone smoking in their own appartment. It's obviously a structural problem, so push the landlord. If that fails, it's a job for the Mietverband.
Reply With Quote
  #6  
Old 06.12.2012, 08:49
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

Thanks Divesnowboy thats a good suggestion.

There is no shared ventilation so im confused as to why we are getting such a huge amount of smoke in our apartment.
Reply With Quote
This user would like to thank pinkpeonie for this useful post:
  #7  
Old 06.12.2012, 08:52
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

Thanks PaddyG. Of course i cant stop someone smoking in their own apartment (although i think its strange that smoking is allowed in the apartment and not forbidden in the rental lease) anyway, hence the reason i went to speak to them nicely about the situation.

But the fact that they still do it even though it effects us and after speaking to them, is quite inconsiderate. If they actually did smoke in the kitchen like they promised then we wouldnt have a problem.
Reply With Quote
  #8  
Old 06.12.2012, 08:53
Divesnowboy's Avatar
Senior Member
 
Join Date: Feb 2011
Location: Zürich
Posts: 424
Groaned at 2 Times in 1 Post
Thanked 286 Times in 135 Posts
Divesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputation
Re: Smoking issue from neighbours

Quote:
View Post
I don't see how you can stop someone smoking in their own appartment. It's obviously a structural problem, so push the landlord. If that fails, it's a job for the Mietverband.
aha, Mietverband, that's the folks!
Reply With Quote
  #9  
Old 06.12.2012, 08:56
Jumping Captain's Avatar
Forum Veteran
 
Join Date: Sep 2012
Location: CH
Posts: 1,200
Groaned at 86 Times in 69 Posts
Thanked 1,048 Times in 536 Posts
Jumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond reputeJumping Captain has a reputation beyond repute
Re: Smoking issue from neighbours

Technically, there is nothing you can do. They are smoking within their rented property, finished. If they were smoking between their apartment and the house entrance (stairwell, elevator, slide ) then you have a reason to stop them.

Similar situation here. Walls not sealed because of heater tubes that go between the rooms (building is an old factory). Five young guys rented a room next door and gather to watch Champions League games and chain smoke like a chimney. Plus, the whole building smells of second hand cold smoke when they open their door to the hallway to go to the restroom down the hallway.

Again, technically, there is noting we can do. I told the landlord (also building owner) that I will open the windows in the hallway... he had a hissy-fit about his plants in the hallway... I just shrugged my shoulders and said... "then do something about it".

I know, that does not help you... just want to let you know that you are not alone The Mieterverband to push the landlord is the best thing you can use short of moving out or start smoking yourself
JC
Reply With Quote
  #10  
Old 06.12.2012, 08:56
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

What is Mietverband?
Reply With Quote
  #11  
Old 06.12.2012, 08:58
Divesnowboy's Avatar
Senior Member
 
Join Date: Feb 2011
Location: Zürich
Posts: 424
Groaned at 2 Times in 1 Post
Thanked 286 Times in 135 Posts
Divesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputationDivesnowboy has an excellent reputation
Re: Smoking issue from neighbours

Quote:
View Post
What is Mietverband?
http://www.mieterverband.ch/
enlighten us please Paddy G.
Reply With Quote
  #12  
Old 06.12.2012, 09:00
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Villars-sur-Glâne, FR
Posts: 7,249
Groaned at 93 Times in 79 Posts
Thanked 11,471 Times in 4,144 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
Re: Smoking issue from neighbours

Quote:
View Post
What is Mietverband?
It's an association that deals in the rights of renters. I believe they will even help with representation in court. You have to pay to join (not much, I believe), but they have a lot of clout. Often simply a threat to consult them is enough to get some activity from a landlord or regie.

Edit: Just to say though, I have never had cause to use them myself, but plenty of people on EF have done so, mostly with a successful outcome.
Reply With Quote
The following 8 users would like to thank PaddyG for this useful post:
  #13  
Old 06.12.2012, 09:02
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

Thanks PaddyG...very helpful!!
Reply With Quote
  #14  
Old 06.12.2012, 09:06
TiMow's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Fribourg
Posts: 8,124
Groaned at 248 Times in 164 Posts
Thanked 9,749 Times in 4,173 Posts
TiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond repute
Re: Smoking issue from neighbours

As a short term solution, as it appears to be a building structural problem, get the landlord to provide air purifier(s).
Reply With Quote
This user would like to thank TiMow for this useful post:
  #15  
Old 06.12.2012, 09:23
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 12,679
Groaned at 518 Times in 420 Posts
Thanked 11,849 Times in 5,991 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Smoking issue from neighbours

Quote:
View Post
i think its strange that smoking is allowed in the apartment and not forbidden in the rental lease
Why would it be forbidden in the rental lease?

Tom
Reply With Quote
The following 2 users would like to thank st2lemans for this useful post:
  #16  
Old 06.12.2012, 09:25
PaddyG's Avatar
Forum Legend
 
Join Date: Aug 2007
Location: Villars-sur-Glâne, FR
Posts: 7,249
Groaned at 93 Times in 79 Posts
Thanked 11,471 Times in 4,144 Posts
PaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond reputePaddyG has a reputation beyond repute
Re: Smoking issue from neighbours

Quote:
View Post
Why would it be forbidden in the rental lease?

Tom
Some private owners might stipulate it in the rental agreement, it's perfectly within their rights, similar to a no pets clause for example.
Reply With Quote
The following 4 users would like to thank PaddyG for this useful post:
  #17  
Old 06.12.2012, 09:28
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 52
Groaned at 2 Times in 2 Posts
Thanked 10 Times in 9 Posts
pinkpeonie has no particular reputation at present
Re: Smoking issue from neighbours

As a landlord i wouldnt want my tenants smoking in my house......but thats just my thoughts.

In Australia (where i am from) most leases forbid smoking. Obvisouly things are different here.
Reply With Quote
The following 2 users would like to thank pinkpeonie for this useful post:
  #18  
Old 06.12.2012, 09:28
Jobsrobertsharpii's Avatar
Forum Veteran
 
Join Date: Aug 2011
Location: Z-U-R-I-C-H
Posts: 2,487
Groaned at 176 Times in 125 Posts
Thanked 3,296 Times in 1,496 Posts
Jobsrobertsharpii has a reputation beyond reputeJobsrobertsharpii has a reputation beyond reputeJobsrobertsharpii has a reputation beyond reputeJobsrobertsharpii has a reputation beyond reputeJobsrobertsharpii has a reputation beyond reputeJobsrobertsharpii has a reputation beyond repute
Re: Smoking issue from neighbours

Reply With Quote
The following 10 users would like to thank Jobsrobertsharpii for this useful post:
The following 2 users groan at Jobsrobertsharpii for this post:
  #19  
Old 06.12.2012, 09:42
Forum Veteran
 
Join Date: Apr 2008
Location: Zurich
Posts: 1,813
Groaned at 38 Times in 21 Posts
Thanked 1,339 Times in 765 Posts
rainer_d has a reputation beyond reputerainer_d has a reputation beyond reputerainer_d has a reputation beyond reputerainer_d has a reputation beyond reputerainer_d has a reputation beyond repute
Re: Smoking issue from neighbours

Quote:
View Post
I thought about either moving out and breaking the lease, which i dont want to do because moving is a big deal.
But even if i did, he would probably find a tenant in a week or two anyway!!

What about if i stop paying my rent until it gets fixed??
That will only get you evicted and make it very difficult for you to rent something in the future (difficult as in...walking on water...).

Smoking is an addiction. Trying to reason with smokers is a bit like trying to reason with a dog that he should start stockpiling sausages rather than eating them all at once...

The Mieterverband might be able to tell if you can break your lease without penalty because of this (doubtful). Because the only way to quickly solve the problem is to move out.
Reply With Quote
The following 5 users would like to thank rainer_d for this useful post:
  #20  
Old 06.12.2012, 09:43
Member
 
Join Date: Sep 2011
Location: Geneva
Posts: 120
Groaned at 59 Times in 15 Posts
Thanked 143 Times in 52 Posts
Centrlsmt is considered unworthyCentrlsmt is considered unworthyCentrlsmt is considered unworthyCentrlsmt is considered unworthy
Re: Smoking issue from neighbours

Quote:
View Post
Some private owners might stipulate it in the rental agreement, it's perfectly within their rights, similar to a no pets clause for example.
we rent out our house in Canada and the lease forbids smoking in the house.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Neighbours from hell, and no, not Swiss!! JBZ86 Housing in general 106 06.11.2011 10:01
Satellite receiver issue (or non-issue) kiml TV/internet/telephone 12 01.09.2008 13:10
Neighbours Smoking Cannabis- What to do? thecapaccino Housing in general 107 11.08.2008 22:05
Swiss Parliament Fudges Smoking Issue nickatbasel Swiss politics/news 22 05.10.2007 17:26
Nice neighbours (part3 Sh*tty neighbours) HAT Complaints corner 7 06.10.2006 13:15


All times are GMT +1. The time now is 07:31.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0