Do Smokers Have A Right To Smoke In Their Own Apartment?

I do find it pretty odd that the air ducts are joined between your appartment and his. Air ducts are usually to take air in or out from outside. Not to transfer air from one apartment to another. As for the heating and cooling... the air would be pushed into his apartment... not suck out to bring it in to yours. However... as you are above him... and smoke rises... it is possible... but still tricky. The air ducts would have to be in his ceiling for the smoke to escape... and then come down from your ceiling. But that would only happen when they are not in use and no air (cold or hot) is pushed through them. Whatever it is... it is a bad design in the building. Blame the architect. As much as you have the right to a smoke free apartment... he has the right to smoke... unless his lease says otherwise. The only suggestion I can make... is to block the air duct when it is not in use. Or else... one of you has to move... and it won't be him by the sound of it. It is true that smokers have no protection. But we won't let you invade our homes without a fight. We have been ban from every public places. If we lose our home... we might as well cut our own throat.

mY FAMILY ONCE OWNED 3 12 FLATS AND WE NEVER ASKED ANYONE WHAT THEY DID INSIDE THEIR APARTMENT UNLESS IT WAS BREAKING THE LAW, YOU CAN'T AND SHOULDN'T ASK UNLESS THERE IS A REAL CONCERN OR SOMTHING SUPICIOUS.. AFTER ALL, KIND OF FREEDOM IS THIS?? ONE APARTMENT ACTUALLY CHARGES A FEE FOR OVERNIGHT GUEST (DO YOU MIND TELLING ME HOW I AM SUPOOSED TO KEEP MY BOYFRIEND AT $50--THAT'S RIGHT--$50 CHARGE BECAUSE I WANT TO SLEEP WITH SOMEONE?? THIS ALL SOUNDS LIKE TO MUCH BIG BROTHER WATCHING YOU..WHAT'S NEXT?? TELLING YOU WHAT YOU CAN AND CANNOT COOK,EAT, PURCHASE, SHOP, WHAT JAZZ RECORDS TO BUY, THE KIND OF STEREO YOU CAN OWN??? CAN I HAVE A PARTY WITH MY CCOWORKERS OR NOT?? I MEAN, HOW MUCH IS ENOUGH..YOU'RE SUPPOSED TO HAVE ALL TTHE FREEDOM WITHIN YOUR OWN SPACE, EVEN AS A RENTER. MOST CONDITIONS REQUIRED THAT YOU SIMPY QUIT PAYING RENT..THAT'S ALL. EVEN AS A RENTER, DO YOU REALLY WANT SOMEONE TO TELL YOU HOW TO LIVE??? BESIDES I FIND IT HARD TO BELIEVE THAT YOUR AIR DUCTS ARE CONNECTED. I PERSONALLY HAVE BEEN MORE THAN NICE ( IDON'T SMOKE AROUND PREGNANT WOMEN, IN YOUR CAR IF YOU DON'T WANT ME TO. BUT THERE'S A LIMIT..THE LAW WAS FIND UNTIL THE CLINTONS WRECKED IT;;FOR MORE THATN 20 YEARS, ALL PUBLIC BUILDINGS REQUUIRED THAT YOU MUST RESERVE SOME PARTS FOR NON-SMOKERS THIS INCLUDES RESTAURANTS. THIS WORKED FINE,THEN THE POLITICOS CHANGE IT AGAIN, THEN AGAIN THEN AGAIN. CHASING PEOPLE OUTSIDE TO SMOKE SEEMS CHILDLIKE-LIKE HAVING TO ASK CAN I NOW HAVE MY JELLO??

I am a smoker but I am pretty cool about it if someone isn't. Since you are paying rent you do have the right to have an apartment that is smoke free. If you complain and nothing is done contact your local health department. There has to be something that can be put inside the ducts to keep his smoke from getting into your things. As I said, I am a smoker and nine times out of ten I can't smell smoke in my house but if I am gone all day and haven't been smoking I can smell it as soon as I walk in the door so I can only imagine how much it must smell when a non-smoker comes across it. Maybe you could go to your local home supply store and ask if there is a filter that you can put behind the vent; but if the apartment managers don't do something about it then definitely contact your health department. He makes the choice to smoke, that isn't something that you should have to deal with.

Hm.. It's not fair that you suffer coz of his bad habit, but can this air duct thingy be closed? Rearranged somehow? Is it necessary to be functional? (hope I didn't asked something stupid, but there's nothing like that in my apartment connected to any other apartment in my building..)