Tim’s Problem

Posted on September 5th, 2007 by Christine.
Categories: True Story.

Today, as I walked out of my apartment, I saw a rolled up piece of paper tucked into my door handle. Opening it up, I realized it was a letter from someone who lived in my apartment complex (named Tim) asking for help from the other tenants. I don’t know Tim– I’ve never met Tim. But he described a very interesting dilemma, so I thought I’d post his letter on the site and get feedback from our readers and maybe Tim can get some advice. At the bottom of the letter was Tim’s email address (which I will not reproduce for the sake of his privacy). By the way, Tim is not a native English speaker, so you will see some misuses of words, but his problem will be clear.

Here’s the letter:

“Together. Can we make our community better? You could be the next victim.

To All the resident in this complex:

This is Tim at unit #210. My family has lived here about 2 years. I was very enjoying this living environment till our new neighbor, Peter and his wife, move in at unit #110. From the day they move in I realized that they are both smokers and the second hand smoke coming through to my property every time they smoke. I try to negotiate with them several times not to smoke on their balcony ( I aware that they have right to smoke in their own property by law). But I discuss this issue with them as we are human beings that we care about each other. The biggest concern for me is our 10 months old son. He suffered the second hand smoke since the day we brought him home from hospital. I make very clear point out of this and try to have them understand my situation. The final answer I got is (quoted from Peter) “I don’t care to put smoke into my lung. Do you think I will care others get the second hand smoke?” I was shocking and feel very sad when I heard that. It makes me feel how evil human beings could be. They can earlier to eliminate this issue by step out a few feet from their unit but they choice not to. From that on my life become miserable, I need to be highly alarm while I am home if I hear they open the screen door I need to close the door very fast or sometime I already smell the smoke. It is a nightmare to live like this. Once I ever consider moving out but for a lot of reasons I choice to stay.

Our manager told me I am not the first victim in this community. There was a big fight in between two unites long time ago. Here is what i am trying to ask, Can we ban smoking in our community if majority of residences agree? Or smokers need to step out several feet from building? This is my last choice to put this issue in the public. But think about it, everyone could be the victim of second hand smoke just like us in our community. Clearly our law is not sufficiency enough to protect non-smokers for now that is why i am trying pursuit from our own community. I really appreciate if you can support me or contribute any idea. I wont’ regret of doing this because I believe we still have justice in this world. And I believe one day the law will protect these non-smokers.

Thanks for you time and best regards,
Tim”

Well, first off. I have to congratulate Tim for wanting to be part of the solution and go to these lengths to protect himself and his family from something he feels is harmful. Despite the fact that distributing a letter to every tenant in this complex calling another tenant “evil” may start a war of some kind. And I know how he feels. My building doesn’t have air conditioning and everyone keeps their windows and patio door open all the time. The new people who moved in under me don’t smoke, but they have a friend or family member who comes over once in a while and smokes and the smoke drifts straight up into my apartment. I’ve had to shut my door too. It’s annoying, but at least for me it’s tolerable because it doesn’t happen often.

On the flip side, if a smoker can’t smoke on their own balcony, where can they smoke? We really can’t tell people they can’t smoke in their own place, so Peter is obviously legally in the right here (although if he really said what Tim says he said, he sounds like an asshole).

I figured since we have so many people from different backgrounds and experiences coming to this blog, maybe one of you will have some good advice for Tim. I’m going to email him and let him know I posted this so he can read the responses.

I did have two thoughts about this on my own… would it be possible for the owners to designate one wing of the complex the smoking wing (the way hotels do)? Resident smokers would only be able to smoke in their apartments in that wing? If that’s possible, maybe Tim’s family could be relocated to a different apartment as soon as one comes up.

Also… is it possible to sue the owners of the complex for not providing a safe environment? After all, they can’t rent out apartments that contain conditions hazardous to your health and since smoking has been banned almost everywhere in California, the state recognizes second hand smoke as a health hazard. It seems like some of the responsibility to prevent hazardous situations should lie on the shoulders of the building owners (although I’m not advising Tim to sue– it was just a rumination).

I don’t really know what to tell Tim except that I fully understand his plight and how awful it must be to deal with the smoke drifting in through the windows and vents every day.

Any ideas, anyone?

22 comments.

Revoking a Friend’s Man Card »« The Half Eaten Candy Bar

Christine the Lioness got all philosophical

By the way… one more thought… if your apartment manager can evict you for playing music too loud and disrupting the other tenants, why can’t they evict you for smoking if it bothers the other tenants? After all, there are some concessions you have to make to live in an apartment complex with other people. My lease dictates that I can’t hang anything from my balcony– no plants, no Christmas lights, etc. If they can dictate THAT for the sake of creating an environment that doesn’t look trashy, why can’t they dictate that you aren’t allowed to smoke in your apartment? It seems like they could pretty much make up whatever rules they want if they really wanted to.

September 5th, 2007

ProphetJoe the Irreverent mentioned

The apartment owners have the right to ban smoking on their property. They can ban Peter and his family from smoking on the balcony or in the parking lot if they so desire, BUT they have to have it in their lease before the tenant signs it. Peter isn’t doing anything illegal (whereas playing loud music is illegal in most places), so he and his family are entitled to smoke in their apartment or on their balcony.

I think Tim should: learn how to spell and construct sentences, learn the meaning of evil,and take up smoking — he’ll probably forge a life-long friendship with Peter if he does!

September 6th, 2007

Christine the Lioness penned this

Actually, I think Tim does pretty damn well with the English language considering where he came from. But I’m sure your response, PJ, will be encouraging. s

September 6th, 2007

Christopher the Pyro scribbled

“Also… is it possible to sue the owners of the complex for not providing a safe environment? After all, they can’t rent out apartments that contain conditions hazardous to your health and since smoking has been banned almost everywhere in California, the state recognizes second hand smoke as a health hazard.”

It is likely that eventually complex owners will begin to get sued for this, and that might be an appropriate response… however the idea that second hand smoke is extremely bad for someone is mostly just a logical myth, there is little evidence to support this and I suspect this would arise in court. I also have to give props to Tim for trying to handle this calmly if someone said that to me, I would take a whole course of actions, starting by taking a shit in front of his door, paying people to prank call him, hacking his computer and cleaning out bank accounts, flattening tires… and quite possibly burning his apartment down.. it would only be out of my concern for other residents that I might refrain. Sometimes you just have to be an asshole to get your way.

September 6th, 2007

Trouble the Pirate penned this

In the words of the venerable F. Leghorn… “Who… Ah say, WHO is responsible for this unwarranted attack on my person?” Whycomes all-of-a-sudden all the hostility towards us smokers on this blog?

Are Bar-B-Q’s allowed in your lease agreements?

The whole anti-smoking campaign was conceived through the unholy union of entitlement and spite, and has grown fat suckling the pimpled, inverted teat of ignorance…

This is the same concept at play as when they attempted to ban ’spear-fishing’ here years ago… ‘Their’ argument? Spearfishing causes population depletion in fish stocks around the island.
Our argument? In order to catch a fish with a spear-gun, several contributing factors have to be in alignment, you have to have a spear-fishing license [and to be a native islander in order to do this], you have to be willing to do much swimming in a situation where the risk of a shark-attack is elevated, you have to possess a level of skill with the device itself, you have to place yourself in the correct place at just the right time. Once all this is satisfied, you have to comply with size limits and species quotas… This process equates to probably the most selective fishing technique in the history of jerking surprised fish from their natural habitat. By its very nature making it the least disruptive to the natural cycle.

These same anti-spearfishing gurus were disregarding the much greater negative impacts of ’sport-fishing’, fish-traps and commercial ventures, to say nothing of even greater threats such as dredging in spawning grounds to ‘reclaim’ land, clear-cutting mangrove nursery’s to improve ocean-views and raise real-estate values and destroying or at very least disturbing coral reef systems through tourism and ‘anchor-dragging incidents’ to name just a few…

Why? Because by their nature, bullies never go looking for a fair fight…

We few spear-fishing locals are a small group and easily targeted so that these misguided dogooders can get their 8-hours without buying shares in Lunesta(tm)
Likewise your neighbor standing on his last recourse, puffing away on his balcony is a hell of a lot easier to attack than all the other assholes who will eventually bring about your emphazymic demise… Of which you can count yourself in that number by the way, and make sure to place yourself somewhere at the top of the list…

Until you fork out a few thousand grand to retrofit your sprawling-rambler to a so-called “Zero-emission” home, park your H3 and start walking to Starbucks where you will drink your Latte straight out of your trembling hands, start defecating in a composting toilet, etc…etc… AND swearing off of firing up your eighty-bazillion BTU CHARMASTER Stainless-steel meat incinerator 3000 for the rest of your whining life… YOU ARE THE MAIN CULPRIT in contributing to the fact that you will spend your twilight strapped to a little green bottle of Oxygen cocktail… NOT TO MENTION that your finger-pointing, self righteous, passing-the-damn-buck ass is also primarily responsible for killing US ALL…

Get of your high horse, he’s flogged to death already…

Your lobbying has made it so a practice that has been enjoyed for over 10,000 years is now relegated to the same fate as sodomizing midget sheep… To be enjoyed only in the comfort of one’s own home…

The US department of Agriculture estimates that there were 389,000,000,000 cigarettes were consumed in the USA in 2005, that’s the same as every man, woman, child and infant smoking 3.5 cancer-sticks per day… Using these very figures we can extrapolate that there has been a 16-17% decrease in smoking in the USA since 1995, despite the population growth… This is probably a positive thing… But consider that the average smoker produces just shy of 4 pounds [or 5 litres] of waste each year in cigarette butts alone… Worldwide we evil smokers produce 2,800,000 cubic meters of waste in the form of butts annually… What if we start a butt recycling programme? We could have special collection bins, and our processing plants could squeeze and extract all the residual nicotine to recycle into pesticides, leaving behind clean fluffy cotton to be used to stuff throw-cushions and pillows for the homeless… I talking solutions here people…

September 6th, 2007

Christine the Lioness hunt n' pecked this

This is why men are responsible for war…

September 6th, 2007

Trouble the Pirate asserted

You cannot possibly be directing that last comment at me Miss Christine… s

September 6th, 2007

Christine the Lioness quibbed this

BTW… we are NOT allowed to BBQ on our balconies (no gas grills, no charcoal ones). The complex does, however, provide a community gas grill for our use of course… you have to wait in line if someone else is using it already. Again… the concessions of apartment living…

September 6th, 2007

Mara the Peacemaker penned this

“Also… is it possible to sue the owners of the complex for not providing a safe environment? After all, they can’t rent out apartments that contain conditions hazardous to your health and since smoking has been banned almost everywhere in California, the state recognizes second hand smoke as a health hazard.”

My guess is that this kind of lawsuit is forthcoming if it hasn’t already happened.

September 6th, 2007

ProphetJoe the Irreverent chimed in with

My guess is that this kind of lawsuit is forthcoming if it hasn’t already happened.

I agree — because we all know that any inconvenience/nuisance/rude event which happens in a persons life is the responsibility/blame/fault of either A) the government (who should be overseeing EVERY aspect of everyone’s life), or B) the deeper pockets (in this case, the apartment owners).

And yes, Christine, it is the male’s ability to get pissed off over intolerable bullshit (and you can interpret that as either Peter’s smoking or Tim’s whining) which makes us the aggressive ones… thank God!

AND the sheer fact that you can’t BBQ on the balcony means you should BBQ in the apartment, ala Christopher… (y) (y)

September 6th, 2007

Christopher the Pyro quibbed this

Exactly.. BBQ in the apartment a few times and they will let u BBQ outside.. or u do like my neighbors.. just ignore the rules all together and make them try and evict you.. in the end thats not worth their effort.

September 6th, 2007

Christine the Lioness pontificated

Well, the reality of this situation is that Tim has no legal recourse to get Peter to stop. If I were Tim, I’d probably start doing lots of little things to annoy Peter every time Peter or his wife lights up. Some might call this “retaliatory,” but I prefer to think of it as more of a Pavlovian experiment… eventually Peter will connect that every time he smokes, I start to karaoke… and maybe his desire to smoke will wane.

September 7th, 2007

Christopher the Pyro said this

Stink Bombs would work wonders… (all tho Tim would also have to put up with it.. I think Peter would get the point)…

September 8th, 2007

Christine the Lioness remarked

Pouring water that came out of your cat box as you washed it out straight down onto the stuff on their balcony works as well. So does buying a treadmill and running on it at 5 AM in your bedroom. The vibrations from those things can make anyone crazy.

September 8th, 2007

Christopher the Pyro spake, and sayeth

That’s what the girl upstairs from me say’s.. the vibrations.. drive her cccrrrazy

September 8th, 2007

Christine the Lioness penned this

LOL.

September 8th, 2007

ProphetJoe the Irreverent remarked

You’d better watch that girl Christine!!

September 9th, 2007

Christine the Lioness spake, and sayeth

Ha! I’m not too worried. So far, the girl upstairs has let her bathtub overflow once and she apparently leaves the community clothes dryer full of long black hair which– for whatever reason– hair that’s not attached to a head creeps Christopher out. So let’s just say she’s not on Christopher’s list of people he’d like to spend more than two seconds with.

September 10th, 2007

Christopher the Pyro added

Seriously. I have “the grudge” in my house.. I’m not a person to get grossed out by hair but it totally pisses me off when I actually do clean (like wash towels and sheets and they have these LONG black hairs clinging to them when I’m folding them up). I’ve been pondering a way to make her hair fall out.. but I have yet to come up with anything remotely safe.

September 10th, 2007

ProphetJoe the Irreverent got all philosophical

Tell me again — why does it need to be a safe method?

September 10th, 2007

Christopher the Pyro remarked

Just remember… love and revenge are two things that women are better at than men.

September 10th, 2007

Christine the Lioness scribbled

I think he meant “only two things”.

October 4th, 2007

Feed for Battle of the Sexes : Chris vs Chris

Leave a comment

Names and emails are required (emails aren't displayed), url's are optional.

) (w) (u) p (y) (n) d (*) o) 8) ( (f) (g) (t) o (8) (l) (i) x (~) (e) $ (&amp) (c) ( s (d) (o) (@) (p) (^) (b) [


Fatal error: Call to undefined function show_subscription_checkbox() in /var/www/vhosts/chrisvschris.com/httpdocs/wp-content/themes/vistered-little-cvc/comments.php on line 93