I rented a No Smoking apartment but somebody in building Smokes

[John-Oliver0]

It is advertised as NO SMOKING. That's why I rented it for 6 weeks. But someone in the building smokes all night and the smoke keeps me up and I cannot get any sleep. The renter has offerred a refund for the remaining days of our contract, but it's not so easy to just up and run. There are expenses and schedules to keep and not the best availability in my area. Is there some kind of option I can use to get the full refund for my stay. What is the policy regarding hosts who cannot or will not enforce the no smoking policy. Seems like falso advertising if you say no smoking but then there is an overpowering smoke smell that prevents you from sleeping and working and enjoying your time,. 

[Elisa]

Hi @John-Oliver0 😊,

Thank you for raising this topic in the community!

However, I am truly sorry about what has happened to you.

I’d like to mention some experienced Hosts who might have already experienced this and can share great advice with you:

@Joan2709, @Joelle43, @Frances3408 , @Marie8425 and @Karen114.

Thank you in advance everyone!

Warm regards 🌻,

[Marie8425]

@John-Oliver0 

Let me understand this you rented an apartment.  No one is smoking in the No Smoking Apartment?  Someone is smoking in another apartment they rented so you don't know if that other apartment is designated smoking or non-smoking?  All a Host can commit to is the area you paid to rent.  He is advertising a non smoking apartment not a non smoking building or public areas.  It is up to the Guest to inform the Host smoke in the general area is extremely bothersome.  Sounds like the host is being very understanding that actually your inaction of not disclosing has now put him also in a terrible position of losing income because of your choices.  Maybe you should consider his inconvenience?

[Karen114]

@John-Oliver0  Hi there. I feel your pain. I own a condo and the unit above me also owns his condo. He smokes weed incessantly and stinks out my condo. Guests have accused my house keepers of smoking pot 🙃. 
NOTHING can be done about it. When it’s someone’s home and if they own it or even rent they have the right to do what they want. Some Landlords allow smoking so if the guy rents and LL allows it not much you can do. 
Sorry but like the OP said, the host is only responsible for their space and not what’s going on around it. 

[Frances3408]

@John-Oliver0. Hi John, where is the smoke drifting in from? In my state you cannot smoke in stairwells or hallways (common areas) and if you smoke on a balcony and it disturbs another unit's occupants and the complaint is upheld they can now be forced to smoke only inside. But laws vary by jurisdiction.

The only people who can do anything about smoking in another unit is the building's owner co-operative or building manager, and then it would depend on their rules. If your host owns the unit then it would make good business sense for them to have raised it as it will be losing them money as well as reputation.

It sounds like your host has tried to be fair as no host can enforce a non smoking policy in an area outside their unit. Its not false advertising but I understand your frustrations, being a lifetime non smoker myself and only offering non smoking accommodation.

[Helen3]

Hi @John-Oliver0 

no it's not false advertising as the property you are staying at is non smoking . Unfortunately if you stay in any apartment block a host can't control whether another tenant smokes in another property.

the host is kindly offering to refund any dates you don't stay at the property which is kind of them.

if it's as unbearable as you say then I'm sure you will take them up on their kind offer and find alternative accommodation. The only expense would be a taxi to the new listing .

why would you expect a full refund for days you have already chosen to stay?

[Elisa]

Hi @John-Oliver0 😊, 

Have you found a solution?
Our Hosts shared great advice with you. Did you get a chance to review it?

I look forward to hearing your thoughts!

Thank you so much everyone @Helen3, @Frances3408 , @Karen114 and @Marie8425 

Warm regards 🌻

[John-Oliver0]

Thanks everybody for the great advice. I'm grateful that my host refunded me for the remainder of my reservation, and I left him a good review, but guess what? As it tunred out, the next place I went had the same issue. I understand that there are a lot of smokers and that smokers are addicted and they simply do not want to get out of bed in the middle of the night, put their clothes on, go down the stairs or whatever, and light up. Unfortunately, some people--me, for example-- have a very difficult time sleeping with the smell of smoke lingering in the air. Moving from one place to another just to try and get a good night's sleep is not cost effective. Call it the luck of the draw. i apparently do not have the best luck. Thank you!

[Helen3]

You would be better then renting a house then you wouldn't have the risk of others smoking in communal flats @John-Oliver0