Non-smoker's rights in TX?

Sarah - posted on 02/08/2012 ( 2 moms have responded )

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Let me quickly explain the situation.

-I am a second generation cancer survivor.

-My new neighbors smoke.

-My apartment & their's is connected somehow.

-I am sitting here waiting for the maintenance man that my complex promised would come put "filters" in my vents and change the main one.

-Ever since my new neighbors arrived my throat has been getting tighter and tighter. Now my daughter is coughing & sniffly.

-If I run my heater the problem only gets worse.

-Our high temp today is supposed to be 47F.

-Even without the heater on, my kitchen regularly fills with secondhand smoke.

-I am not in a smoke-free complex. We're are on a tight budget.

I want to punch someone! Our lease is almost up but I don't know if I can take a month of this! Anyone know any legal ways I can "encourage" my complex to find us a new unit in a "timely" fashion.

If you feel like saying something along the lines of this is my fault, please re-read the previous statement about me wanting to punch someone. I'm looking for help or at least encouragement! Thanks!

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Katherine - posted on 02/09/2012

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I JUST heard something on the radio that they are trying to make some complexes smoke free because of this very reason. I guess it is affecting all residents. They would have to smoke OUTSIDE and the law would apply like any other in a restaurant, hotel etc.....I think it was in MI where I live. If enough people petition it it will probably go into effect. But you do have rights, I would research it.

Michelle - posted on 02/08/2012

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I don't know what your rights are in Texas but I do know that if you are getting second hand smoke in your apartment, the complex is in the wrong. I'm an asthmatic and had any of the apartments I had lived in been like that, then I would have been in the emergency room every night. Maybe you should report them to the health department or something. They shouldn't have the vents in your house set up so poorly that you are getting second hand smoke. They might feel motivated if they are aware that you will need to move if the situation doesn't change. They may feel motivated if the health department puts them out of business. They may be motivated if they realize they may have a lawsuit on their hands. You do have rights. Don't be afraid to share your awareness of these rights. Smokers have a right to smoke and non smokers have a right to not be smoked upon as it were. While it's sometimes hard to figure out when those two overlap, it's not here. The complex is violating your rights by not taking care of this problem. They can find you another unit or fix the problem with the vents.

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