Woman sues smoking neighbor and landlord in smoker friendly community

Duke1985

EatsApplePieShitsFreedom
#1
In an age when smoking has been outlawed in most public places – government buildings, bars and pool halls – a person's home is one of the few places you can puff in peace.

Until now.
A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.



"Smoking is not a right, it's a privilege," said Chris Daniel, a retired nurse. "I'm sorry that people smoke. I think it's foolish, but when it comes into my house and hurts my health and my daughter's health and our belongings, it's a different issue."

The case is being watched by townhouse industry groups across the area.
A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. There is a solid, two-hour fire wall from the foundation to the roof between each of the homes.
And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News


I think this is absolutely ridiculous. It was the right of the landlord to determine the property was smoker friendly. A smoker moved in. Then a non-smoker moves into a smoke friendly community and sues.

The part that gets me the most is this...

Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.
To me this is akin to a non-smoker walking into the smoking section in a bar and demanding everyone put out their cigarettes because they want to sit in there.

Thoughts on this. Does she have the right to sue since she's the one that moved into the smoker friendly apartments? Does she really deserve 6 figures for this? Are property owners no longer allowed to determine if they want to be smoke friendly? Or even pet friendly?
 

NINnerd

Survived a M&G with Trent
#3
I'm a non-smoker and hate smoke. That said, I would never move into a smoke-friendly place and expect to have the upper-hand. Now, if it's coming through my vents, that's different. If any unpleasant smell is coming through your vents, you have a right to get that corrected. I live in a townhouse (in Dallas, no less) and my neighbor smokes. Do I ever smell it? No. The smell doesn't go through the walls or vents. What gets me is she renewed her lease AFTER knowing the smell would be there. Dumb.
 

DinoFlintstone

"There can be only one!"
#4
I'm not sure if this is on-topic as such, but my house, being detached, and the nearest house about 1/3 of a mile away, I'm not affected, but I have a Sister that lives in a semi-detached house, she comes from a non-smoking household, whereas her neighbours smoke. She, and everyone on the street own their houses. If the next-door neighbours window is open, and my Sisters window is open, even slightly, then her house reeks of cigarette smoke.
It doesn't bother my Sister as her late Husband was a smoker, but still and all... ... ... tobacco smells in certain places seems to becoming more and more offensive these days.

Whenever I see my Mother, I can tell that she's been to one of several houses because I can smell the cigarette smoke off her.

Sometimes if I buy something from Ebay, [new] I can smell the cigarette smoke off the product. I could even smell cannabis ash off one product, and I told the seller... which he denied. As an ex smoker of ye olde weed, I don't mind the smell.
 
Top