7 replies to this topic

[runningaway]

Smoking Neighbors
Is there any law that supports the rights of non-smokers?
Smoking neighbors usually open their door to let out smoke into the stairwell and this goes to the apartment of non-smokers because the stairwell is complety closed, no ventilation

How to handle this if the smoking neighbors do not want to support to have an environment free of tobacco smoke?

[benhalterci]

I dont think there is a law on this unless the general law of nuisance (which is a tort in English law) catches it here. There is another thread all about this subject started by a one of the forum members called Lostinparadise and as you can see she really suffered:(
My upstairs neighbours used to do it. This is an old building with a narrow stairwell with no windows etc and the smoke came under the doors. I just opened my windows and wheeled my portable a/c to get rid of the smell in my hallway. In the end that neighbour left and the others haven't done it since but my flat is all rentals so we can still get more of these people.
In short I think the only thing you can do is go and speak to them and ask them nicely to stop it....maybe one of the lawyers here know of a legal remedy....

[Pinarkilic]

with the new law that entered into effect last year, common areas of buildings are also places where smoking is not allowed. not expressly indicated but it is the same for letting the smoke into the stairwell. ask your neighbors not to do it, or tell the yönetici. normally, I call 184 to report such breaches if it is a restaurant or cafe etc., and they seriously take this into consideration and some days later they call you back to inform you that they have solved the problem. it really works. this is the line of ministry of health. if you cannot solve the problem by talking to your neighbours, call 184. if it does not work, you have to file an action against your neighbour and you have to be able to prove what you claim, which is difficult unfortunately.

[benhalterci]

Yes Pinar and once lawyers etc enter the frame as you know all pretence at civility ceases. This is why I have such a struggle on my hands getting the considerable work that needs doing to the common parts carried out. This house has a long history of legal neighbour disputes and as a result they all hated each other long before I moved in and refuse to cooperate.

[Pinarkilic]

don't you have a yonetici benh? what does he/she do in such circumstances?

[runningaway]

Thanks Behalterci for your reply. I read the experience of Lostinparadise !, it's too bad. I do not understand how people can be unconscious, I am starting to experience respiratory problems, every day I wake up with my nose blocked by smoke and sometimes I can't sleep.
I will speak with my neighbours, I hope to have a better response that Lostinparadise had.



Thanks Pinarkilic for your replay, I will speak with my neighbours since we do not have yonetice; if I do not receive a positive answer I will call to the 184 and see what happens

Edited by runningaway, 20 September 2010 - 12:58 PM.

[benhalterci]

Oh I'm sorry to hear that:( I thought it was just in Istanbul that neighbours were difficult! We don't have a yonetice either and I think most people just have to manage. Do try 184 and let us know how you get on- good luck!

[runningaway]

I spoke with my neighbour about the smoke (some minutes before she opened the door to let the smoke goes to stairwell), she said that she opens the windows to let the smoke goes out , I was telling her how smoke was affecting my health but she didn't let me finish to speak and went ! ; the next 3 days the stairwell was clean of smoke !, I couldn't believe it ...this was just 3 days . This morning again the smoke came to my apartment(I don't why but I was expecting something like that)

I called 184 but they said they were only responsible for business and asked me to call 153 which is the municipality(Belediye) , lets see what they say