Popular Post DowntownAl Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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? 2 1 4 1 16 Link to comment Share on other sites More sharing options...
Popular Post HashBrownHarry Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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. 10 1 Link to comment Share on other sites More sharing options...
Popular Post transam Posted February 4, 2022 Popular Post Share Posted February 4, 2022 Put a fan out on the balcony pointing his way, he can keep all his smoke then....???? 16 1 1 Link to comment Share on other sites More sharing options...
AndyFoxy Posted February 4, 2022 Share Posted February 4, 2022 Move, put up with it or have a word to the neighbour. The last one could be a bit dangerous though. Link to comment Share on other sites More sharing options...
Popular Post alextrat1966 Posted February 4, 2022 Popular Post Share Posted February 4, 2022 8 minutes ago, DowntownAl said: I don't pee on his balcony Well, now you know what you gotta do. 1 6 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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. 2 Link to comment Share on other sites More sharing options...
Popular Post HashBrownHarry Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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. 4 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 1 minute ago, HashBrownHarry said: If it's not prohibited he can. I believe its prohibited by law in condos. As is defecating? 1 1 Link to comment Share on other sites More sharing options...
pgrahmm Posted February 4, 2022 Share Posted February 4, 2022 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.... Link to comment Share on other sites More sharing options...
DowntownAl Posted February 4, 2022 Author Share Posted February 4, 2022 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. Link to comment Share on other sites More sharing options...
sungod Posted February 4, 2022 Share Posted February 4, 2022 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. 2 Link to comment Share on other sites More sharing options...
Popular Post steven100 Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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 11 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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 Link to comment Share on other sites More sharing options...
Popular Post The Hammer2021 Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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. 5 1 Link to comment Share on other sites More sharing options...
Dante99 Posted February 4, 2022 Share Posted February 4, 2022 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. 2 Link to comment Share on other sites More sharing options...
steven100 Posted February 4, 2022 Share Posted February 4, 2022 (edited) 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. Edited February 4, 2022 by steven100 1 1 Link to comment Share on other sites More sharing options...
Popular Post DowntownAl Posted February 4, 2022 Author Popular Post Share Posted February 4, 2022 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. 4 1 1 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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. 1 Link to comment Share on other sites More sharing options...
steven100 Posted February 4, 2022 Share Posted February 4, 2022 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. 1 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 If he's an AirBnB renter he's illegal and that's a matter for your juristic person and management committee 2 1 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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. 1 Link to comment Share on other sites More sharing options...
Thujone Posted February 4, 2022 Share Posted February 4, 2022 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. 1 1 Link to comment Share on other sites More sharing options...
Skallywag Posted February 4, 2022 Share Posted February 4, 2022 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 2 Link to comment Share on other sites More sharing options...
bobbin Posted February 4, 2022 Share Posted February 4, 2022 (edited) 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. Edited February 4, 2022 by bobbin 1 1 Link to comment Share on other sites More sharing options...
Ohyesuare Posted February 4, 2022 Share Posted February 4, 2022 (edited) 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. Edited February 4, 2022 by Ohyesuare 1 Link to comment Share on other sites More sharing options...
Popular Post Hummin Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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/ 1 2 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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 1 1 Link to comment Share on other sites More sharing options...
Popular Post Hummin Posted February 4, 2022 Popular Post Share Posted February 4, 2022 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? 1 3 Link to comment Share on other sites More sharing options...
The Hammer2021 Posted February 4, 2022 Share Posted February 4, 2022 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? Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now