Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

If there is a shared wall, there is established case law for this. Depending on where the OP lives and facts, OP may have a case.

Anonymous wrote:"I don't know. You are smoking a drug. In the case of cigarettes it causes cancer. You should not have to go inside and close up all your windows because your neighbor decides he wants to get high in his house or outside. That is preventing that person from enjoying his property. Why should you have to change your habits because your neighbor is inconsiderate or does things that inversely affects their lifestyle?"

Exactly. Because society has decided that we are still going to yield to smokers' right to smoke in a way that pollutes everyone else's air. We all know about second hand smoke; we all know about carcinogens found in second hand smoke. And yet in 2021, we still yield to the smokers who subject people to their cancer causing air in multifamily housing, etc. It's not just unpleasant or a smelly nuisance- what they're doing causes real harm. If you want to talk about freedom, you need to talk about my freedom to have good air in my home- not the smoker's right to pollute it.

Anonymous wrote:Exactly why I refuse to purchase a condo or townhome. If have a smoker nextdoor you're f'ed.

Anonymous wrote:Smoking inside your unit, where the smoke drifts into the next unit (like apartment buildings and townhomes) may constitute a private nuisance. Second hand smoke is a well known carcinogenic. There have been cases where one dweller has successfully sued a neighbor for excessive smoke coming into their apartment as a private nuisance and interference with enjoyment of their property. There is also a case in California of a man who smoked in his open air garage so much that the smoke drifted into the apartment upstairs and they successfully sued. It is a hard standard to meet, but it has happened.

Smoking in a common area, such as the parking lot of an apartment building, may create a public nuisance. Requiring people to walk through the smoke or having the smoke reach into their adjoining door or window if their unit is closely can qualify.

This is really venue/jurisdiction specific AND dependent on getting a sympathetic judge.

Turning this over to pot, you could make many of the same arguments, but I haven't been able to see if this has been litigated. Situation is not fun if it is happening to you. We lived next door to an insane smoker in a row house in OT and we just had to move. It was awful. My sympathies.