Smoking in Memphis Apartments
Sep 10th, 2007 by Memphis Apartments
Smoking in Memphis apartments is a hot issue because of the documented harm caused by second hand smoke. Smoking is an issue in common areas. A more recent that has been identified is drifting smoke. Many people today have developed allergic reactions to tobacco smoke. Others become physically ill if exposed to smoke. This makes smoking a divisive topic for renters.
More and more people are diagnosed with asthma and allergies each year. These conditions are triggered by irritants in the air, including tobacco smoke. Second hand smoke also causes cancer. In short, it is documented that drifting smoke can cause lung cancer in nonsmokers. It can also cause heart attacks.
Landlords must deal with the issue of drifting smoke. One of the major difficulties of containing cigarette smoke in your own Memphis apartment is the ventilation system in Memphis apartment buildings. The ventilation system generally connects each Memphis apartment with every other Memphis apartment in the building. This means that anything that gets in the ventilation system, including tobacco smoke, is basically re-circulated and blown into other Memphis apartments.
In addition, smoke can leak out of your Memphis apartment through open windows and from around your Memphis apartment door into hallways. If you are a nonsmoker and you smell tobacco smoke in your Memphis apartment or in common areas such as hallways, notify your landlord. If you can smell smoke, you are being exposed to it and its harmful effects.
You can use your lease to support your complaint against your neighbor’s tobacco smoke entering your Memphis apartment. Your lease probably has a clause that prohibits you from engaging in behavior or activities that interfere with another tenant’s enjoyment of his Memphis apartment. These behaviors or activities can occur within your own Memphis apartment. If you have this clause in your lease, each of your neighbors has the same clause is their leases. And if their drifting smoke is interfering in your enjoyment of you Memphis apartment, they are violating their lease.
You should notify your landlord that your right to quiet enjoyment is being violated. Ask your landlord how he intends to remedy the situation. You have the right to fresh air and to be safe in your Memphis apartment. Your neighbor is jeopardizing both of these rights. Have a detailed list of violations. The list should include dates you were exposed to drifting smoke, the tenant who created the smoke, and their Memphis apartment number. If the violator was a guest, indicate accordingly.
Your landlord may not understand the full impact of your complaint. He might claim that tenants have the right to smoke in their own Memphis apartment. The problem is that the smoke does not stay in the Memphis apartment. Therefore, there is no such thing as the right to smoke. Your neighbors have no more right to smoke than they do to play loud music. If what they do interferes with another tenant’s right to a safe and quiet environment, the landlord must address the situation.
Many states have anti-smoking laws that prohibit smoking in common areas. This includes the hallways of Memphis apartment buildings. Landlords are required to enforce these laws. Violations can be reported to state authorities and the landlord may face fines if violations are substantiated.
If the landlord does not sufficiently address the issue of drifting smoke, contact your attorney. Find out if there are legal remedies you can use to prevent the smoke from entering your Memphis apartment. This should be your last resort. Try to resolve the situation amicably. Provide information to your landlord. Do not assume he knows how to handle drifting smoke complaints. Do what you can to inform your landlord as well as other tenants about the risks of drifting smoke in Memphis apartment living.