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Old 06.12.2012, 10:53
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Re: Smoking issue from neighbours

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we rent out our house in Canada and the lease forbids smoking in the house.
Same for us and our house in Belgium that we rent out. I don't think it's unusual to put a non smoking clause in a lease but it's not standard (certainly in Switzerland) and I think private landlords are the ones most likely to include it.
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Old 06.12.2012, 10:54
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Re: Smoking issue from neighbours

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we rent out our house in Canada and the lease forbids smoking in the house.
We're not in Canada, in case you haven't noticed.

Tom
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Old 06.12.2012, 10:58
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Re: Smoking issue from neighbours

Someone smoking in Switzerland?
I have never heard such a thing..

False. You cant walk 5 ft without sniffing cigarettes. Worst is when you see the many youngsters doing it.

The best are the ones that eat well, go to the gym but.. Wait.. Smoke packs a day.
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Old 06.12.2012, 11:02
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Re: Smoking issue from neighbours

OOh yes. And an opportunity to show off my new (actually old, until everyone is convinced about something and start throwing rocks) avatar!

But about smoke going up into another apartment thru the floor? There must be holes. Can you hear them down there? Maybe it`s coming from somewhere else? Interesting scenario I must say ...... smoke from their bedroom? Can`t you just tell them you can ALSO hear them in their bedroom, and then maybe they`ll move out?
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Old 06.12.2012, 11:04
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Re: Smoking issue from neighbours

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Same for us and our house in Belgium that we rent out. I don't think it's unusual to put a non smoking clause in a lease but it's not standard (certainly in Switzerland) and I think private landlords are the ones most likely to include it.
I rented out my house in South Africa and the tenants kept monkeys in the house. I forgot to include monkey keeping in the lease.
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Old 06.12.2012, 11:06
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Re: Smoking issue from neighbours

Smoky we can hear them occassionally.....wall insulation is good, but unfortunately. Ceiling/Floor insulation is terrible!!

There are no holes that we can visibly see...but its gotta be coming from somewhere.
Their living room is below our second bedroom, so all the smoking goes on in there.
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Old 06.12.2012, 11:09
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Re: Smoking issue from neighbours

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We're not in Canada, in case you haven't noticed.

Tom
Thats a cheap shot.....everyone on this forum knows that we are not in Canada!!
Its nice to get everbodys input, but somebody always has to write something cheeky.
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Old 06.12.2012, 11:12
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Re: Smoking issue from neighbours

People, this isn't a smoking thread, per se. It could easily be cooking smells etc. It's about the reluctance of the landlord to act on apparent structural defects in his own building.
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  #29  
Old 06.12.2012, 11:13
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Re: Smoking issue from neighbours

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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.
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we rent out our house in Canada and the lease forbids smoking in the house.
Yep, we are in Switzerland, where the smoking nazis are not so well heard.

OP, you have two choices,

1. Move
2. Put up and live with it

Why? Its a numbers game.

Landlords want tenants who will pay rent, stay for long time, not mess the place up etc etc. On the basis that when someone leaves an apartment they have pay a hefty cleaning fee and repaint walls etc anyway, not many landlords will outcast a large portion of the market.

Now, I know you are thinking why should I put up with it? Because somebody else will.

The pool of people who dislike smoking is not small. But its not huge. The pool of people who dislike smoking to the point that they refuse to function, want complete smoke free environments, moan about smokers in every area of life be it in residence, public transport, train stations, parks etc are a small pool of people, and its simply not worth pandering to them.

The neighbours arent doing anything wrong. They are smoking, in apartment, that they too pay a lot of money for. It is a structural issue, and it is very unlikely to be fixed.
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  #30  
Old 06.12.2012, 11:27
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Re: Smoking issue from neighbours

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Yep, we are in Switzerland, where the smoking nazis are not so well heard.

OP, you have two choices,

1. Move
2. Put up and live with it

Why? Its a numbers game.

Landlords want tenants who will pay rent, stay for long time, not mess the place up etc etc. On the basis that when someone leaves an apartment they have pay a hefty cleaning fee and repaint walls etc anyway, not many landlords will outcast a large portion of the market.

Now, I know you are thinking why should I put up with it? Because somebody else will.

The pool of people who dislike smoking is not small. But its not huge. The pool of people who dislike smoking to the point that they refuse to function, want complete smoke free environments, moan about smokers in every area of life be it in residence, public transport, train stations, parks etc are a small pool of people, and its simply not worth pandering to them.

The neighbours arent doing anything wrong. They are smoking, in apartment, that they too pay a lot of money for. It is a structural issue, and it is very unlikely to be fixed.
I completely agree that someone else will put up with it........but sorry im not prepared to.
I never said that they were doing anything wrong in their own home, i really just want some advice on how to get it fixed.
Its not okay to have to deal with this problem. If people smoke outside or in a bar fair enough i have to put up with the smoke, but i shouldnt have to in my own house. I dont smoke, nor do i want to.

Yes, they probably do pay alot of money to live there also, but as far as i know they dont have any problems. They live on the ground floor, so no issue for people living below them.
It is absolutely a structural issue......
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Old 06.12.2012, 11:31
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Re: Smoking issue from neighbours

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Smoky we can hear them occassionally.....wall insulation is good, but unfortunately. Ceiling/Floor insulation is terrible!!

There are no holes that we can visibly see...but its gotta be coming from somewhere.
Their living room is below our second bedroom, so all the smoking goes on in there.
For a Trial Period, Try keeping the windows closed in the second bedroom, open other windows in the flat to air that room.

Your room with window above their kitchen, if you open that window do you smell smoke?
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Old 06.12.2012, 11:40
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Re: Smoking issue from neighbours

The technical answer is to buy a cylinder of oxygen.

When you smell the smoke in your bedroom, close the bedroom door and ensure the windows are firmly closed. Then open the valve on the oxygen cylinder. This will increase the air pressure in the bedroom slightly and force the smoke back whence it came.

This not only will remove the smell of smoke, when the oxygen reaches the burning cigarettes they will burn brightly and possible burst into flames...
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  #33  
Old 06.12.2012, 11:42
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Re: Smoking issue from neighbours

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For a Trial Period, Try keeping the windows closed in the second bedroom, open other windows in the flat to air that room.

Your room with window above their kitchen, if you open that window do you smell smoke?
We dont have a bedroom above the kitchen...our kitchen is above their kitchen. Our second bedroom is above their living room/smoking room.
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Old 06.12.2012, 11:54
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Re: Smoking issue from neighbours

Please read this document:
http://www.mieterverband.ch/fileadmi...ietwohnung.pdf

Here the relevant text (feel free to translate)

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Rücksichtsnahme ist Pflicht
Die rechtliche Unverbindlichkeit von Rauchverboten in Mietwohnungen ist jedoch kein Freipass zum rücksichtslosen Paffen. Wer in seiner Wohnung raucht, darf seine Nachbarn nicht belästigen. Sonst riskiert er oder sie eine Kündigung,im Extremfall sogar kurzfristig. Mit Belästigungen ist vor allem beim Rauchen auf dem Balkon zu rechnen oder, wenn man den Rauch durch die offene Wohnungstür ins Treppenhaus abziehen lässt.

Wer sich durch den Rauch seiner Nachbarn belästigt fühlt, sucht mit
diesen am besten zuerst das Gespräch. Ist das nicht möglich, hat man sich an die Vermieterschaft zu wenden. Diese hat dafür zu sorgen, dass in ihrer Liegenschaft die erforderlichen Rücksichtspflichten eingehalten werden. Tut sie das nicht, kann man unter Umständen eine Mietzinsreduktion verlangen oder durch eine amtliche Hinterlegung des Mietzinses Druck aufsetzen. Über die Einzelheiten erkundigt man sich am besten bei den Mieterinnen- und Mieterverbänden oder auf deren Website. Erfolgreicher als eine Auseinandersetzung auf dem Rechtsweg ist allerdings häufig eine Nachbarschaftsmediation. Auch darüber erhält man bei den Mieterinnen- und Mieterverbänden genauere Informationen.
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  #35  
Old 06.12.2012, 11:54
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Re: Smoking issue from neighbours

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I completely agree that someone else will put up with it........but sorry im not prepared to.
I never said that they were doing anything wrong in their own home, i really just want some advice on how to get it fixed.
Its not okay to have to deal with this problem. If people smoke outside or in a bar fair enough i have to put up with the smoke, but i shouldnt have to in my own house. I dont smoke, nor do i want to.

Yes, they probably do pay alot of money to live there also, but as far as i know they dont have any problems. They live on the ground floor, so no issue for people living below them.
It is absolutely a structural issue......
I agree, and I've been through exactly what you are going through (in an apartment in Canada). Sadly, the only real solution was moving.

In the meantime, try to seal all the cracks between the walls, floors, and baseboards. Electrical outlets are also a common place for air to leak. Of course, ask your landlord to do this first, and if he refuses, then take matters into your own hands. Maybe hire a professional so it is done 'professionally' and you don't get dinged for damages/modifications when you move out. It would be a good idea to consult with the Mieterverband about how to carry out this 'sealing' process.

The problem in our place was with the front door to the shared hallway. We applied weather-stripping all around the door, a door sweep, and then used caulk to seal around the baseboards. It made a huge difference. Went from smelling like someone was smoking in our apartment, to only having the smoke smell when we opened our door.

Good luck, and I hope you can find a way to prevent the smoke from entering your apartment.
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  #36  
Old 06.12.2012, 11:59
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Re: Smoking issue from neighbours

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The technical answer is to buy a cylinder of oxygen.

When you smell the smoke in your bedroom, close the bedroom door and ensure the windows are firmly closed. Then open the valve on the oxygen cylinder. This will increase the air pressure in the bedroom slightly and force the smoke back whence it came.

This not only will remove the smell of smoke, when the oxygen reaches the burning cigarettes they will burn brightly and possible burst into flames...
For that to happen, the oxygen atmosphere in the flat below would need to be quite enriched.
I remember our chemistry-teacher throwing a burning cigarette into a jar filled with oxygen: impressive.
I wouldn't want to be in the same house with somebody lighting up in a pure oxygen atmosphere.....
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Old 06.12.2012, 12:12
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Re: Smoking issue from neighbours

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I completely agree that someone else will put up with it........but sorry im not prepared to.
I never said that they were doing anything wrong in their own home, i really just want some advice on how to get it fixed.
Its not okay to have to deal with this problem. If people smoke outside or in a bar fair enough i have to put up with the smoke, but i shouldnt have to in my own house. I dont smoke, nor do i want to.

Yes, they probably do pay alot of money to live there also, but as far as i know they dont have any problems. They live on the ground floor, so no issue for people living below them.
It is absolutely a structural issue......
Which is fair enough.

But my point remains. The neighbours may try and smoke in kitchen, but why should they. Personally, I smoke outside anyway, most of the time, but I would never entertain a request from my neighbour to smoke somewhere else in my apartment.

The landlord may say he will have a look, speak to neighbours or whatever, but if this is a structural issue he is not going to fix it in any hurry if at all. HE may, but I would say it is very unlikely. He will see how long you put up with it, and you wil either do that or move, and he will replace you with one of the 30 people in the que. The cycle will repeat until no one wants the place because of smell of smoke, which will never happen.

Its unfortunate for those who have been conditioned enough to really detest smoke, as its so popular in many forms that you create yourselves so much stress and frustration.

I can understand why you think its not ok, but I also think from a practical stand point, that it will have to be if you are not prepared to move as your fighting a high probable losing battle.
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  #38  
Old 06.12.2012, 12:12
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Re: Smoking issue from neighbours

By the way, there was a time in my life when I would have been very irritated about the smoke that enters our apartment if we have our windows open when our downstairs neighbour smokes on her balcony. But I am just so grateful that I can shut the windows and the smoke is blocked.

I've lived through being bombarded with cigarette smoke in my home and feeling helpless about making it stop. It is very stressful and heartbreaking. OP, you really have my sympathies and I hope you can find a solution.
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Old 06.12.2012, 12:23
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Re: Smoking issue from neighbours

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Yep, we are in Switzerland, where the smoking nazis are not so well heard.

OP, you have two choices,

1. Move
2. Put up and live with it
. . . .
Sorry but with all due respect, I don`t buy that - in fact that is a typical EF answer . . the `Put up or shut up` brigade.
Option 3, which I think the Op wants to do, is to try and get something done about it.
As PaddyG said - this is not a smoking issue - this is a structural issue and the Op has every right to try and get it put right. If we just put up or shut up - then nothing will ever change.
Mabye you are right and it may be a fruitless exercise - but if it were me I would at least challenge it. At least if nothing comes of it, you can be satisfied with having tried.
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Old 06.12.2012, 12:31
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Re: Smoking issue from neighbours

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We dont have a bedroom above the kitchen...our kitchen is above their kitchen. Our second bedroom is above their living room/smoking room.
Keep the windows in your second bedroom closed, as that is above their living room/smoking room, to see whether that is possibly how the smoke/smell is getting into your second bedroom, for a trial period.

OK, so if your kitchen is above their kitchen, do you have a window in that room if so, can you smell their smoke when you open that window, ie if they are smoking in their kitchen, one would assume you would smell the smoke from there? - that is the room where you said they had agreed to smoke, but you say they are smoking in their living room
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