Smoking and Apartment Living

Dilynnio

Hi

Is there any law pertaining to people smoking outside your windows and the smoke coming into your apartment?

Thanks a mill.

johnfás

Yes, potentially it is a private nuisance under the law of tort. A private nuisance is an act by another party which invades the use and enjoyment of another's land. However, aside from being an expensive course to follow, it would also be necessary to demonstrate damage on your part. Furthermore, the court is permitted to weigh the utility of the defendent's conduct and the gravity of the harm resulting or likely to result from it. In Mullin v Hyne the Supreme Court highlighted its unwillingness to grant relief where the damage claimed is trivial, fanciful or the inconvenience exaggerated.

In brief, it is likely that the smoke would have to be severely annoying you on an ongoing basis. It would also be expensive. Surely you would be better either closing your window, speaking with your neighbour in a neighbourly manner, or a combination of the two.

Victor

Or tell them to get away from your windows.

Dilynnio

Hi Johnfas,

Many thanks for that.

They are under the impression they can do what they like.......if I take up smoking again.....they will be sued!!!!!lol!!!

Victor

Oh, the management company is responsible for keeping the common areas smoke free. This extends to keeping smokers away from the immediate vicinity of entrances, etc. to stop smoke blowing in.

Now, you apartment isn't designated smoke free by law, but it might be possible to put pressure on the management company

Have a word with these guys if necessary. http://www.otc.ie/