Renting Complaint

Shanotheslayer

Hi All,

Just looking for some clarity and or advice. To put into context. My apartment is beside the main entrance to the apartment block and my balcony is right beside the entrance.

Neighbours have recently submitted a complaint into my estate agent stating that people are complain of the smell of smoke in the lobby area. I stated that seems ridiculous considering I smoke on a balcony outside.

Looking at my contract it's not a non smoking apartment and I can smoke inside if I want, I generally don't do this. I'm finding it hard to believe that if I'm smoking inside/ on my balcony that the after effect of smoke is going through 2-3 solid walls and leaving a strong after effect for non smokers.

The only explanation I can think of is that because my apartment is beside the entrance is that people smoke out side the entrance when they have people over etc, it's pretty common thing to see at night especially at the weekends. If they choose to leave their cigarettes at the entrance on the ground then I'm receiving the complaints of this to. (Not the case for me as I have an ash tray)

Does anybody know how I could go about this? Or what the severity of the situation could entail? I can't be responsible for other people smoking outside the entrance, yet it looks like the aftermath is resulting in neighbours thinking this is me.

One of the complaints came and I wasn't even in the county for the previous 3-4 days.

Mods, please move to the correct forum if this is wrong.

Thanks.

Kind Regards,

BrokenArrows

Seems easy enough.

You are fully within your rights to smoke on your balcony.

Respond to the complaint explaining where you smoke and that you properly discard all your cigarettes into an ashtray/bin.

Explain that other smoke by the entrance and you are not responsible for them and mention that during one of the complaints that you were not even in the country.

If your lease doesnt forbid smoking then you dont have to be worried.

Shanotheslayer

BrokenArrows wrote: »

Seems easy enough.

You are fully within your rights to smoke on your balcony.

Respond to the complaint explaining where you smoke and that you properly discard all your cigarettes into an ashtray/bin.

Explain that other smoke by the entrance and you are not responsible for them and mention that during one of the complaints that you were not even in the country.

If your lease doesnt forbid smoking then you dont have to be worried.

Thanks. I would have thought the same. I'm 90% sure in the lease it doesn't say no smoking I'll double check when home.

The issue of smoking of the balcony they are claiming it is going ''Into the Lobby'. The door is always closed unless somebody opens it to enter.

Or alternatively the smoke is going from my apartment through the doors/walls into the lobby.

punisher5112

It's the tough part of been in an apartment, you are doing no wrong at all.

If it were drugs then of course there could be an issue.

Smoking in the communal areas I'm sure is off limits though.

Wonder would some door strips help to stop it escaping or entering.

Suggest this on the reply.

Abba987

Are you sure someone else is not the one causing the smell

Shanotheslayer

punisher5112 wrote: »

It's the tough part of been in an apartment, you are doing no wrong at all.

If it were drugs then of course there could be an issue.

Smoking in the communal areas I'm sure is off limits though.

Wonder would some door strips help to stop it escaping or entering.

Suggest this on the reply.

Absolutely agree. If I was smoking in the lobby or walking in and out of my apartment and into the lobby with a cigarette I could totally understand.

Abba987 wrote: »

Are you sure someone else is not the one causing the smell

Honestly, I think it has to be. I leave the apartment at 8 for work and return around 5:00. Usually in bed at 11:00

So my awake time in the apartment is about 6 hours. I'm not a chain smoker and would maybe have 5 that evening on a normal day. I don't see how that would cause such a smell to go through 2 walls and smell out the lobby.

I've also had guests over recently and asked them could they smell cigarettes as they don't smoke and they said no(This was in the lobby)

punisher5112

If you are worried don't be, it's most likely there are many rentals and quite possible some are walking through while smoking....

I hate the smell myself but in apartment living I couldn't have done anything about it if people were.

Fire doors should be fitted and this in itself shouldn't allow smoke through compared to ordinary doors.

If you feel it is you throw a door snake down at the front door when you're there if you like of course.

Don't be worrying either way.

BrokenArrows

OP, even if you were the cause of the smell in the lobby then it still doesn't matter.

You are smoking on your balcony. The other residents dont have any say on the matter. You can smoke there or not. Its up to you.

Shanotheslayer

BrokenArrows wrote: »

OP, even if you were the cause of the smell in the lobby then it still doesn't matter.

You are smoking on your balcony. The other residents dont have any say on the matter. You can smoke there or not. Its up to you.

Agree completely, but I just don't want hassle. I also don't believe that a couple of cigarettes a night can cause a smell to go through walls and into another persons apartment 20 foot or so away which then leads to a lingering smell in thier apartment.

I emailed the property management company explaining the situation. It's given me completely unnecessary stress but I assume they can't tell me the apartment complaining to try and resolve the issue.

BrokenArrows

Shanotheslayer wrote: »

Agree completely, but I just don't want hassle. I also don't believe that a couple of cigarettes a night can cause a smell to go through walls and into another persons apartment 20 foot or so away which then leads to a lingering smell in thier apartment.

I emailed the property management company explaining the situation. It's given me completely unnecessary stress but I assume they can't tell me the apartment complaining to try and resolve the issue.

Well its definitely possible. You probably dont notice as a smoker, but the smell of a cigarette travels far and lingers a lot.

As the strong winds last night proved, my apartment is definitely not airtight. I had to put a door stopper beneath my front door to stop it rattling.

It is conceivable that smoke is filtering under or over the door into the communal area, but, its a stretch that there'd be enough to warrant complaint. Ex-smoker here btw, i hate the smell now, and occasionally detect it in my communal areas.

I have much more things on my mind, to give out about it but there are people out there with little to be doing.

punisher5112

[Deleted User] wrote: »

As the strong winds last night proved, my apartment is definitely not airtight. I had to put a door stopper beneath my front door to stop it rattling.

It is conceivable that smoke is filtering under or over the door into the communal area, but, its a stretch that there'd be enough to warrant complaint. Ex-smoker here btw, i hate the smell now, and occasionally detect it in my communal areas.

I have much more things on my mind, to give out about it but there are people out there with little to be doing.

Buy draft strips and stick on where needed, this will also stop the rattle.

Cuddlesworth

Shanotheslayer wrote: »

Neighbours have recently submitted a complaint into my estate agent stating that people are complain of the smell of smoke in the lobby area. I stated that seems ridiculous considering I smoke on a balcony outside.

My neighbour 2 apartments down would smoke on his balcony. My apartment would reek of it afterwards. Smokers tend to forget just how strong the smell is and how far it can travel.

That being said, it's not illegal and your neighbours need to get over it.

Ishmael

Shanotheslayer wrote: »

Thanks. I would have thought the same. I'm 90% sure in the lease it doesn't say no smoking I'll double check when home.

The issue of smoking of the balcony they are claiming it is going ''Into the Lobby'. The door is always closed unless somebody opens it to enter.

Or alternatively the smoke is going from my apartment through the doors/walls into the lobby.

There could be a vent. In two separate places where i lived, i used to smoke on the balcony and there was a vent connected from the balcony to the bathroom. The others in the apartment said they could often smell the smoke from the balcony even though the windows and doors were closed.

Shanotheslayer

Thanks all.

I re-read the contract. Looks to include the balcony which I was not aware of originally. Guess that's a write off then!

Appreciate the help.