Am I overstepping my bounds here?

[Plaid Princess]

Having some trouble at our place in SoCal, and for those not familiar, most costal homes in CA don't have Air Conditioning due to the temperate climate. This means that most of us leave our windows open year-round(ish).

In the last few weeks, my neighbor's brother has been crashing on her couch, and he frequently comes outside to smoke... And stands right outside my bedroom window to do it. We have a shared "patio" from the stairs to our front doors, and because he doesn't want his sister to kick him out for stinking up her place with the smoke, he stands by our place instead.

I've mentioned it to my neighbor, who apologized and told him to knock it off, but he still does it every night when she is at work.

Am I seriously overreaching if I continue to press the issue? The person in question doesn't live in the unit, has been repeatedly told to stop, and ignores all requests to do so. This is a shared "balcony" space, however it's fairly obvious who's side is who's. I'm not asking him to quit smoking, or even leave the patio, just not to deliberately do it under my open window.

Am I crazy?

 

[mommy123]

I don't think you are overreacting in pressing the issue. Cigarette smoke in this case is at least an irritant not to mention potentially harmful. It is not too much to ask him to walk to his own side to smoke.

 

[Kathryn Merteuil]

If you see fire, put it out with a bucket of water!

 

[Disneylover99]

You've told your neighbour, and it hasn't helped. Now tell him. Be firm and direct.
You are not over-reacting. Good luck!

 

[DawnM]

I am not sure you have any legal grounds here. As far as I understand the law, he has a right to smoke anywhere outside, which includes his own (or the place he is staying) balcony.

ETA: Ok, I might be wrong, take a look at this and see if you can pursue anything:

http://www.nolo.com/legal-encyclopedia/when-secondhand-smoke-invades-home-29946.html

 

[ronandannette]

How about a small written sign on your side that says something like "Please don't smoke under my window" and try moving whatever he's using for an ashtray over to their side. I'd also try having another chat with your neighbour and definitely ask him directly to move over if you see him out there. (Asking him would have actually been my first approach.)

 

[sunshinehighway]

You should talk to him directly. That's the only way to know exactly what was said to him about smoking near the window.
Unfortunately, it doesn't sound like much can be done if he decides to continue standing there.

 

[mom2rtk]

Maybe you should consider running a fan facing out the window? That would help pull hot air out of the house and hopefully repel some of the smoke.

 

[NewRVLady]

see-I d get a window AC right now-some are small and inexpensive

 

[DisneyOma]

see-I d get a window AC right now-some are small and inexpensive

And hopefully the condensation from the AC unit will be heavy and drip on the smoking jerk.

 

[PollyannaMom]

I like the fan idea! If that isn't something you want to do, is there furniture on the balcony? Maybe you could arrange it to sort of split the space down the middle?

 

[NewRVLady]

I like the fan idea! If that isn't something you want to do, is there furniture on the balcony? Maybe you could arrange it to sort of split the space down the middle?

yeah-I would get a sette or a couple chairs and table and put smack in front of my window

 

[ready123go]

Since he is crashing on someone's couch and is so inconsiderate, chances are good this guy is an adult child.

If you are serious about allowing him to keep smoking on the balcony, when you approach him don't just tell him where he can't smoke, show him where he can smoke. Be very clear about a designated area.

Make certain your neighbor is on board with this beforehand. Because chances are equally as good she doesn't speak up to her brother, but instead, enables him.

 

[smokeyblue]

Is this a leased space? Ask again that he smoke on their side of the balcony. If they don't comply call the landlord. Usually there is language in a lease stating that guests can only stay for so many nights.

 

[shoney]

They only thing you can really do is talk to the smoker. I would be really nice about and offer another location that you think would be better.

I know my dad likes a cigar in the evening during nicer weather. They live in a townhouse and he sits on his back deck. I was out there with him one night and he lights the cigar and says "ok wait for it" within a minute the neighbors sliding glass door slams. He says it happens every time!

 

[DisneyOma]

They only thing you can really do is talk to the smoker. I would be really nice about and offer another location that you think would be better.

I know my dad likes a cigar in the evening during nicer weather. They live in a townhouse and he sits on his back deck. I was out there with him one night and he lights the cigar and says "ok wait for it" within a minute the neighbors sliding glass door slams. He says it happens every time!

I'd be out there with a hose. Cigar smoke is nasty. He needs to move farther away from the neighbor's sliding door. He knows it bothers them.

 

[NewRVLady]

THIS is what keeps me from downsizing one day to a home close to others-I HATE HATE HATE any kind of smoke(cigars esp & cigarettes)

 

[shoney]

I'd be out there with a hose. Cigar smoke is nasty. He needs to move farther away from the neighbor's sliding door. He knows it bothers them.

He is on his deck with about 10 feet to hers. Then another few feet to the door. There really is no other place to go. She is a pain in the butt about a lot of things, so I think my father gets a little pleasure in annoying her ... LOL

 

[Lilacs4Me]

there is a law in some states that you cannot smoke within so many feet of an entrance of a building - wonder if the wording of the law would somehow include open windows? Worth looking into, at any rate.

This issue pops up a lot (along with backyard firepit smoke) in my neighborhood because the majority of the houses here are very close together. Like 5-6 feet apart in some cases. If my neighbor is smoking in his bedroom and my side living room window is open, I am pretty sure I'd be able to smell it. The windows are literally facing each other, about 6 feet apart. Nobody in either family smokes, thank goodness, but I've seen the complaints on our FB community site many times!

I would definitely go the route of changing the layout of my outdoor furniture so that he cannot get near the window anymore, but honestly, if the space is that tight, and the wind is right, its going to come into your house anyway. and you cannot stop him from smoknig on "his" side of the patio. Maybe a exhaust fan is the way to go!

 

[NewRVLady]

He is on his deck with about 10 feet to hers. Then another few feet to the door. There really is no other place to go. She is a pain in the butt about a lot of things, so I think my father gets a little pleasure in annoying her ... LOL

WHY do smokers feel this way?

Yes-there is the WHOLE wide world to go....take a walk and smoke-go to the park.....the parking lot
If you are THAT close to a neighbor it is INCONSIDERATE to smoke there
why can't smokers "get it"????????????????????????????????