Advice needed.

 

I rent a high floor waterfront condo in a 20 story high-rise building (Pattaya area.) I have been here or 3 1/3 years and have one of the most gorgeous views an old retired guy could have. There is still 8 months remaining on the existing contract. The condo below me has been unoccupied since the beginning of the pandemic. Recently, someone moved in. I don't know if it's the owner or a vacation renter. The reason I say vacationer is because I've seen that unit on AirBnB.

 

The problem is whoever is in there is a smoker and that smoke invades my balcony and is, to put it mildly, disgusting. The balconies here a quite large and as such are part of our living space here. Since the smoker arrived I've been chased off my balcony, forced inside and need to seal off the balcony until this careless smoker stops or goes out. I've complained to the juristic office and they, as they tend to do, have done nothing. I don't pee on his balcony, so I don't see how he has the right to fill mine with toxic smoke.

 

I would like to know if any of you have had to put up with this and if so, how did you deal with it? I've asked my rental agent to speak to the juristic but have seen no results, just more smoke. Do I have a legal recourse? If I'm forced to move can I sue the smoker, the juristic office and anyone else involved in this for costs? This is more than just a matter of a disgusting smell, it's also a health issue. When I moved in here late 2018 there was a reassuring note on the wall of the elevator that said something like “Do not smoke on the balcony. Do not disturb your neighbor.” or words to that effect.

 

Any suggestions? A lawyer's phone number or name?

3 minutes ago, DowntownAl said:

Do I have a legal recourse? If I'm forced to move can I sue the smoker,

LOL.

 

It's his balcony and condo ( rented or otherwise ), guess he can do what he wants. Unless it's a non smoking condo block entirely.

 

I also dislike smoking and what you describe sounds like a pain but i'd be surprised if there's anything you can do.

Put a fan out on the balcony pointing his way, he can keep all his smoke then....????

Move, put up with it or have a word to the neighbour. The last one could be a bit dangerous though.

8 minutes ago, DowntownAl said:

I don't pee on his balcony

Well, now you know what you gotta do.

8 minutes ago, HashBrownHarry said:

LOL.

 

It's his balcony and condo ( rented or otherwise ), guess he can do what he wants. Unless it's a non smoking condo block entirely.

 

I also dislike smoking and what you describe sounds like a pain but i'd be surprised if there's anything you can do.

No. He can not do  what he wants. He can't BBQ, for example.

1 minute ago, The Hammer2021 said:

No. He can not do  what he wants. He can't BBQ, for example.

If it's not prohibited he can.

There are regulations about this in the UK but not here.  You only have a few months left. Let your landlord  know why you're leaving. See if he can do anything. Use the balcony  at different  times to smelly  smoker

1 minute ago, HashBrownHarry said:

If it's not prohibited he can.

I believe  its prohibited by law in condos. As is defecating?

A large oscillating fan or two might help disburse the smoke away from your balcony....If that sign is still in the elevator you might want to take a pic of it to give you an avenue of complaint to follow up on....

Don't be surprised if the sign goes away before your problem does....

1 minute ago, The Hammer2021 said:

I believe  its prohibited by law in condos. As is defecating?

That's what I want to find out before spending money on a lawyer.

The fan idea is the best one, try a standing fan blowing across your balcony front. If it works, ask the landlord for a more permanent fix.

 

Of course, you could always revert to idea number 2 if that dont work, and pee over the side.

 

 

 

 

OP ,    it's his balcony and he pays his rent '    you don't .....     If he wants to smoke on his balcony then there's not much you can do.  I had the same issue a few weeks back,  but that tenant was only there a few days and when he smoked I went inside and shut the sliding door for 10 minutes.     

I don't smoke,  however you need to see it from his perspective also ....  I mean '  you trying to dictate that he cannot have a cigarette on HIS balcony that he rents.   ??

 

All you can do is hope he leaves and in the mean time buy a 16"  fan and place it on your balcony to blow the smoke outward.

It could be worse OP,   your lucky he's not a cigar smoker .........       

 

buy the fan ..   imo 

3 minutes ago, DowntownAl said:

That's what I want to find out before spending money on a lawyer.

I was told there is a general bylaw in Pattaya  about BBQ in condos on balconies. It was forbidden at mine

2 minutes ago, steven100 said:

OP ,    it's his balcony and he pays his rent '    you don't .....     If he wants to smoke on his balcony then there's not much you can do.  I had the same issue a few weeks back,  but that tenant was only there a few days and when he smoked I went inside and shut the sliding door for 10 minutes.     

I don't smoke,  however you need to see it from his perspective also ....  I mean '  you trying to dictate that he cannot have a cigarette on HIS balcony that he rents.   ??

 

All you can do is hope he leaves and in the mean time buy a 16"  fan and place it on your balcony to blow the smoke outward.

It could be worse OP,   your lucky he's not a cigar smoker .........       

 

buy the fan ..   imo 

But he sends his smoke, an irritant and known health issue, to someone else's  balcony. So his actions spread beyond his property. Many countries  now have legislation that recognises this and forbids it.

36 minutes ago, DowntownAl said:

I don't know if it's the owner or a vacation renter.

Find out, he may be leaving tomorrow.

15 minutes ago, The Hammer2021 said:

But he sends his smoke, an irritant and known health issue, to someone else's  balcony. So his actions spread beyond his property. Many countries  now have legislation that recognises this and forbids it.

But he is not intentionally sending his smoke to the balcony above.  I doubt he is breaking any law,  and even if he was would you want to both end up in court just because the farang didn't like me smoking. ?   I wouldn't want to be out anywhere after dark after suing him would you ?     TIT ... it's  not downtown New York or Sydney.  

 

 

 

4 minutes ago, The Hammer2021 said:

But he sends his smoke, an irritant and known health issue, to someone else's  balcony. So his actions spread beyond his property. Many countries  now have legislation that recognises this and forbids it.

That's probably my main complaint. If I go to a bar or other public place and a smoker irritates me I get up a leave, find another spot. But in this case it's my home. I don't use or affect his space but he diminishes mine.

2 minutes ago, steven100 said:

But he is not intentionally sending his smoke to the balcony above.  I doubt he is breaking any law,  and even if he was would you want to both end up in court just because the farang didn't like me smoking. ?   I wouldn't want to be out anywhere after dark after suing him would you ?     TIT ... it's  not downtown New Your or Sydney.  

Don't know what you're  talking about or why you address me. Your comment bears no relevance to my statements.

This was from November 2020...

While the law in Thailand outlaws smoking in government and office buildings, as well as shopping malls and other public spaces like lobbies and corridors, there is no outright ban on smoking in residential buildings. 

If he's an AirBnB renter he's illegal and that's a matter for your juristic  person and management committee

Just now, steven100 said:

This was from November 2020...

While the law in Thailand outlaws smoking in government and office buildings, as well as shopping malls and other public spaces like lobbies and corridors, there is no outright ban on smoking in residential buildings. 

Yes we know.

In a Nanny State, there would be a law against this, but TIT.

Install a couple of oscillating fans for use while he's smoking, that should do the trick.

Life is short, allow him to enjoy making his life shorter.

I would hang the fan over or under the railing and blow his smoke back into his balcony - 555

 

But in reality TIT , the fan idea seems simple and should work IMO

Legal actions can take forever, are costly, and may not work anyway if no enforcement is followed up

16 minutes ago, DowntownAl said:

That's probably my main complaint. If I go to a bar or other public place and a smoker irritates me I get up a leave, find another spot. But in this case it's my home. I don't use or affect his space but he diminishes mine.

You have had the correct answer.. it's his property, renter or owner..

 

A lawyer will tell you the same.

13 minutes ago, The Hammer2021 said:

If he's an AirBnB renter he's illegal and that's a matter for your juristic  person and management committee

AirBnB is legal for rentals of 30+ days unless strictly prohibited by the condo.

I had a problem with a neighbour, I knocked on his door, told him my problem, and solved.

 

 We did wake up same time in the morning and enjoying the balcony. Me with news on my website, he streaming Fox news quite loud. He ended up using his headphones. 
 

There is other solutions for smoking now, and thats what people should use in my opinion. Both oil waporiser and also electronic cigarette IQOS. Once and awhile I also experienced smoke on our balcony, but not more than I could live with, even in that condomenium it was forbidden to smoke.

 

“According to the Public Health Ministry's announcement on February 27, smoking would be prohibited inside all public buildings, apart from open-air areas. ... At present, condominium residents are only allowed to smoke inside their rooms, while smoking on balconies is prohibited.”

 

https://seatca.org/thailand-number-of-smoke-free-areas-expanded-2/
 

 

2 minutes ago, bobbin said:

You have had the correct answer.. it's his property, renter or owner..

 

A lawyer will tell you the same.

It also depends on individual Condo contracts and regulations..Its really an in house matter not an issue for the courts

36 minutes ago, Victornoir said:

There are really guys here who come whining for nothing. As Transam said, a simple fan will fix the problem.

But we'll have to find another reason to come here to whine again.

Do you smoke yourself?

2 minutes ago, Ohyesuare said:

AirBnB is legal for rentals of 30+ days unless strictly prohibited by the condo.

Does smokey Joe fulfil these requirements and has he submitted a TM30?