Smoking Issues with upstairs neighbor for last 2 months, what should I do?
Seattle, WA
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Posted 23 days ago in Residential
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The last 2 months my neighbor above wanted us to smoking on the balcony outside the condo we rent. We stopped smoking on the balcony and the HOA sent a letter of her complaint as well as the Rules & Regulations for this condo building. It only states smoking will be an issue if someone dislikes it (smells go to their unit). Now she is still bugging us and I am sure she is bothering the HOA/Board. She is telling me to keep all my windows shut and to stop smoking inside. We have respected her wish to smoke on the balcony and we are not blowing smoke out the windows but can she get us to stop doing something in our own home? I told her to leave me alone or I would call the police. Lastly, my next door neighbors smoke and the neighbors below me but they try to deny it.
Answers (1)Shawn B Alexander
This attorney is licensed in Washington.
Posted 23 days ago.
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The authoriity of the Association will deterimine how much of a penalty can be assessed against your landlord, and if your rental agreement states the fines may be passed on to you.
The standard of care for a private nuisance is that the upstairs neighbor has the burden of proof to show it is your smoking that is the sole cause of her complaint. Good Luck
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