How to Stop Neighbours from Smoking?

LBacons on 28/03/2021 - 02:40
Last edited 28/03/2021 - 10:42 by 1 other user

It's 1AM and we have this eshay neighbour who is smoking in their backyard and the smoke drift is insane and it fills the room. They are underaged too. I have tried closing my window ASAP as soon as I smell it but usually by the time it has reached my nose there is already a lot in the room.

My current plan is to have a talk with them during the day and escalate legally if things don't work out. I had previously made the mistake of telling them to stop smoking (during the night via talking through the window) but my pea brain neglected to explain that it was getting into our rooms and as you would expect, got told to (profanity) off and mind my own business (the next day I heard them audibly discussing my name and threatened to "put me in a hospital").

I've been trying to think of ways to resolve this in a way that does not worsen things (they are always littering on our front lawn and even dropped a bunch of sequins one time) but I but don't know how to deal with these eshays who are often in trouble with the cops and are what I would consider unpredictable.

Any ideas?

Home & Garden

Comments

    • SF3 on 30/03/2021 - 01:40
      +2

      this is too civil with OP's neighbours…

      OP, is there a reason you can't move else where? and what about your neighbours do they own the place? sounds like either you move or somehow get them evicted.

      • Ti-au on 30/03/2021 - 13:55
        +15

        Just kill them, kill them all.

        • SF3 on 30/03/2021 - 15:08
          +11

          ok, username checks out right here…

        • Franc-T on 31/03/2021 - 03:03

          Maiming off the cards for some reason?

  • morse on 28/03/2021 - 03:45
    +41

    I can’t see this ending well. Given you think they’ve already threatened violence, I would not approach them.

    Going to council will probably also make them angry - if council even does anything.

    Perhaps your only hope is if they move. We had some people on our street with teenagers damaging property and stealing (different issue, but perhaps a similar ‘snitches get stitches’ attitude), the police were well aware of them - it only stopped when their dad went to prison and they moved out of the area.

    Would a pedestal fan blowing air out the window help?

    • Bacons on 28/03/2021 - 12:21
      +21

      Agreed. You've got the right idea of what kind of people they are.
      The fan idea is good. I think I'll take advantage of the arctic p12 deals on here to setup an array and just flush the room.

      • morse on 28/03/2021 - 18:56
        +2

        Good luck! Fans are also on sale at Kmart https://www.kmart.com.au/product/40cm-pedestal-fan/3091856 I completely know what you mean about needing air flow in Queensland. I always had to open the door at night to sleep until we got aircon in the bedroom, which is not an option for everyone.

        • fozzie on 28/03/2021 - 21:11
          +1

          Also reject has very cheap ones

      • akane on 29/03/2021 - 10:00
        +9

        Get an air purifier, it will help a lot

      • S2 on 29/03/2021 - 11:00

        You might get the same airflow feel with these popular Vornado fans. I found this comment particularly helpful.
        I also really like DC powered ceiling fans, but that requires more effort.

        This thread suggests you can't stop the neighbour's smoking, but you can close the window and attempt to make your room more comfortable overall.

    • RickyPoontang on 30/03/2021 - 08:20

      Psht screw em put a letter in the box. If no response tell the council. If they threaten violence call the cops.

      • wozz on 01/04/2021 - 07:54
        +1

        Problem with that approach is if they really are that kind of person, the cops aren't going to bodyguard op 24/7 even if they did make threats. I don't think it's worth approaching this way for most people.

  • holdenmg on 28/03/2021 - 04:44
    +6

    Hey,

    Are you owner-occupier, strata, renting or…

    There were some Qld Strata things like https://archive.sclqld.org.au/qjudgment/2010/QCATA10-027.pdf that looked at smoke drift, nuisance and common areas.

    Simple way to go is to say to them their smoke impacts on you and maybe keep a log of instances after this if it continues to occur.

    Ask your Council what the Current situation is so your are informed and maybe flag it with them so something is on record.

    • [Deactivated] on 28/03/2021 - 08:05
      +10

      How does that help prevent a noxious substance flowing from one property to another?

    • sardines on 28/03/2021 - 22:09
      +2

      That is what I brought - last place I lived the neighbour smoked on balcony when they came home from shift work - the air purifier only kicked in when they smoked as detected the particles- they usually only spent an hour a night having a drink and fags - they used to play a radio when winding down so I brought them a pretty decent pair of headphones. I just mentioned if they could use them as the radio woke me and I could never get back to sleep - He was pretty nice about it and used the headphones unless his mates came around .. you don't want stress dealing with neighbours if you can avoid it…

  • StrayfireX on 28/03/2021 - 06:44
    +23

    Bikies?

    • mccarthyp64 on 30/03/2021 - 22:55

      Didn't think we'd have an ideal application for bikies this early in the year on OzBargain.

  • elgrande on 28/03/2021 - 07:08
    +66

    but my pea brain neglected to explain that it was getting into our rooms

    Your 'pea brain' is still neglecting to recognise that they would not care anyway..

    • MrFrugalSpend on 29/03/2021 - 22:37

      and neglecting that you'd be telling known criminals that you leave your window open at night … not a good idea!
      get a cheap air conditioner - portable if you have to / renting with just a flued vent sealed up around, and don't open the window

  • EightImmortals on 28/03/2021 - 08:00
    +19

    Move house and avoid bogans.

    • pharkurnell on 28/03/2021 - 13:45
      +16

      Move house, maybe easy, only a lazy few hundred thousand dollars and she'll be done

      how do you guarantee the next house wont have similar arseholes living there

      Serious question cause Im about to sell and move.

      • EightImmortals on 28/03/2021 - 13:50
        +5

        OP didn't say whether were renting or owned the house.

        As for what you get at the next house I guess there's no guarantees but try to pick a nice looking neighbourhood. If you know anyone from your prospective re-location area ask them what the place is like. Have a sticky beak in the neighbours yards, are the lawns mowed and gardens maintained? Are there car bodies and rubbish all over the place? Go for a drive around and try to get a hint of the socio-economic status of the place. As I said, no guarantees but sometimes you can gather clues and make a decision.

      • nikey2k27 on 29/03/2021 - 22:14
        -1

        Moving house work for me then sue department of housing for trash they made me live next too..

  • pegaxs on 28/03/2021 - 08:05
    +35

    Escalate legally… for smoking in their own back yard. Yeah, good luck with that.

    And I’m sure that talking to a bunch of “eshays” will go over great and they should happily comply with your reasonable request. Nope, that won’t start any neighbourhood spat…

    Can you update this post when all this gets out of hand and Tracy Grimshaw has to step in?

    • holdenmg on 28/03/2021 - 08:24
      +1

      Q. What would Tracy do?

      A. Suggest the OP flicks ScoMo with a wet beach towel.

      (I don't see how this helps). lol

    • jv on 28/03/2021 - 22:55
      +2

      Escalate legally… for smoking in their own back yard.

      For threatening to attack them…

  • try2bhelpful on 28/03/2021 - 08:07
    +13

    I don’t think there is much you can do. If you escalate this you, probably, need to get security cameras to monitor your property because they will start making your life hell. Close the window, get a filter and live in the smug knowledge they are wasting a huge amount of money smoking and they are likely to die of lung cancer.

    • MrFrugalSpend on 29/03/2021 - 22:40
      +1

      agreed, no one is going to give a sh!te legally. I can't get the cops to come out and do anything about a repeat offender that keeps doing donuts in the street with smoke so bad the smoke alarms go off inside unless you close/seal the place up straight away, and they pop their tyres 3+ times now, and have time to change the tyres and drive off before cops come if at all … despite the fact that in just the next street someone died from hooning when they hit the drain and rolled the car just last year. Not worthy of investigation apparently even though we have number plates, 3+ witnesses and some photos

      • Click_It on 30/03/2021 - 11:14

        Geez where do you guys live? I've never had any of these dramas. Just lucky perhaps

    • superuser on 31/03/2021 - 09:59

      My f uncle smokes 2 packs a week for 30 years and still alive

      • Dave Id on 31/03/2021 - 12:59

        For over 50 years in my case.No problems.Gave it up years ago.

        Have three types of skin cancer,one of which is going to kill me.

        Meh. Healthy lifestyles.

      • ddhar on 31/03/2021 - 19:46

        Same for my uncle. Smokes well into his eighties and has outlived his wife. Some in the family dub him 'the fortress'.

  • Topdog on 28/03/2021 - 08:35
    +5

    You can not stop your neighbors from smoking. I am not sure what you can escalate legally. If they are smoking something they should not be maybe, But if its just tobacco there is not one thing you can do.

    • deme on 28/03/2021 - 19:17

      I assume it's an apartment block which bans smoking.

      • Quantumcat on 28/03/2021 - 23:23

        If this was the case surely OP would have mentioned it

      • Love a bargain on 29/03/2021 - 14:21
        +4

        OP mentioned backyard - so unlikely to be an apartment block

      • Topdog on 29/03/2021 - 17:15

        I can smoke in my rented apartment on the back deck? I do understand a lot of places you can't

  • WreckTangle on 28/03/2021 - 08:45
    +10

    dropped a bunch of sequins

    Bet they’re fabulous dressers though

    • monkeyfood on 29/03/2021 - 11:08

      had to google "sequin" now I understand….

      • Sally Cinnamon on 29/03/2021 - 19:13
        +1

        Googled sequin because I thought I was missing something and stumbled upon a 1979 article about the new slang… gnarly anyone?

  • mab5125 on 28/03/2021 - 08:54
    +26

    They're smoking in their backyard and being underage means nothing. Underage smoking isn't illegal.

    I'm not defending them, but you can't stop someone from smoking in their own private space - and yes that includes their backyard.

    Keep the window of the affected room closed - problem solved.

      • dizzle on 28/03/2021 - 12:50
        +11

        Don't really know why you expect me to cope by sealing myself in my own bedroom with no source of fresh air.

        Because there is little you can do apart from ask them nicely. If that doesn't work you have to find ways to put up with it. Hence the closed windows.

        Maybe you need to close the windows and open the door if you need air circulation.

      • timthetoolman on 28/03/2021 - 16:19
        +8

        You have an airtight bedroom?

        • jv on 28/03/2021 - 22:57
          -1

          We had ours sealed to reduce the risk of COVID.

          • jdmderick on 29/03/2021 - 15:49
            +1

            @jv: 🤣😂😂

            • jv on 29/03/2021 - 15:50
              +4

              @jdmderick:

              🤣😂😂

              You won't be laughing after you see tomorrow's COVID cases coming out of Brisbane.

              Have you stocked up on toilet paper?

              • Yarra Warrior on 30/03/2021 - 18:13
                +1

                @jv: LOL, jv.
                Spot on. Let's pray for the best for Queenlanders.

      • Punda on 28/03/2021 - 22:38

        I need to sleep with my window closed because I’m female and I want to feel secure in my sleep.I sleep with window and door closed and it hasn’t killed me yet. Besides, why is it essential to sleep with the door closed?

        • Bacons on 28/03/2021 - 22:48
          -6

          I need to sleep with my window closed because I’m female and I want to feel secure in my sleep

          alright

          Besides, why is it essential to sleep with the door closed?

          For the same reason that you sleep with your window closed except my gender isn't one

        • stewy on 29/03/2021 - 00:13

          If you are that worried, you can always buy a security screen for your window….

          • Punda on 29/03/2021 - 01:36

            @stewy: I could. But I’d have the blinds knocking if there was a breeze and my window is at the front so I can’t leave my blinds open. I wasn’t complaining I was just explaining it’s not a big deal.i ha e a secure home and it helps me rest easy as I live alone.

      • leiiv on 29/03/2021 - 09:34

        Do you sleep with open windows even during winter??
        If you own the place, install air con.
        If you rent, move out and find a better place.
        You can optionally give your neighbour something just before you move out.

        • Quantumcat on 29/03/2021 - 11:13

          You can optionally give your neighbour something just before you move out.

          Like what? A dead horse head?

          • twjr on 29/03/2021 - 18:44
            +3

            @Quantumcat: I was thinking a ricen tainted pack of smokes. I think either sends a message though.

      • brad1-8tsi on 29/03/2021 - 10:21
        +1

        Don't really know why you expect me to cope by sealing myself in my own bedroom with no source of fresh air.

        I live beside a railway line and the maintenance yard. Some nights (3-4 times a year) it's so noisy, Sydney Trains gives me compensation. The rest of the time I close the window and use ear plugs.

        You've got no hope stopping a person smoking in their back yard.

        • arcticmonkey on 29/03/2021 - 21:12

          Wow how much do you get? Compensation for noise?

          • brad1-8tsi on 30/03/2021 - 14:47
            +1

            @arcticmonkey: There are several options. Pre-Covid it was movie tickets and a voucher for a cafe meal but now it's a woolworths voucher and between xmas & new year it was accommodation in the CBD.

            The woolworths voucher works out at $25 per resident per night.

            The depot is 30m from the bedrooms and it's not unusual to have a backhoe with reverse beeper running from 11.00pm to 5.00am on the busy nights. I don't notice it but some of my neighbours get very upset. There's been railway maintenance activities happening on that land for 100 years so it's not like it's something new.

  • bobbified on 28/03/2021 - 09:18
    +12

    I have tried closing my window ASAP as soon as I smell it but usually by the time it has reached my nose there is already a lot in the room.

    Why don't you close your window at night when it gets late, (before they start smoking)?

      • bobbified on 28/03/2021 - 12:51
        +32

        It may be the lifestyle of some to sleep with no source of fresh air but it's not mine.

        Well, I'm just offering an alternative. Sometimes you just can't have what you want and you pick the less-sh.tter of the available options..

        Let's be blunt here - you already told us that the kids are trouble. - so if the smoke bothers you that much, you either get used to sleeping with the window closed or you risk pissing off the kids. I have no doubt they'll bring you a whole new kind of issue if you give them a reason to dislike you. We all know what cops can do with kids that cause trouble - absolutely f-all. That's right - absolutely f-all. So when they start throwing stuff into your window or whatever, you're on your own.

        You sir, should choose wisely!

        (But then if you don't piss them off, we won't get a new thread about how the "cops wont do anything about these kids". 😎)

        • Bacons on 28/03/2021 - 16:15
          +4

          Points taken.

      • Ughhh on 28/03/2021 - 13:01
        +17

        You don't want to change your lifestyle, but you want them to change theirs??

        • Bacons on 28/03/2021 - 16:06
          +7

          You make a very fair point and I'm ashamed that I didn't think about that before.

        • dazweeja on 28/03/2021 - 17:50
          +11

          They are only wanting their neighbours to change the part of their lifestyle that negatively impacts others.

          • Blitzfx on 29/03/2021 - 01:15
            +4

            @dazweeja: This concept is too difficult for them to understand, being a nuisance apologist and making no comment about them threatening assault.
            Imagine playing devils advocate for these kinds of people.

            Gotta maximise that secondhand smoking cancer!

          • 80kinvestment on 31/03/2021 - 23:14

            @dazweeja: This guy’s window open sleeping habit is infringing on the child’s ability to enjoy a quiet smoke in their own back yard.

      • brendanm on 28/03/2021 - 15:18
        +1

        source of fresh air

        Doesn't sound like it's that fresh to be quite honest.

  • lunchbox99 on 28/03/2021 - 09:47
    +5

    I see you are in Qld. This is under the control of your local council.

    For example, if you live in Brisbane you can lodge a complaint with BCC for environmental nuisance. You keep a diary of the nuisance and council will then investigate and can issue fines.

    https://www.brisbane.qld.gov.au/laws-and-permits/complaints-…

    Sounds like you need to seriously consider if this would make things worse and/or escalate into physical violence. If they are underaged can you talk to their parent instead of them directly? Don't risk fronting up at the door - just write them a polite letter asking if they can do it elsewhere.

    • Quantumcat on 28/03/2021 - 09:49

      I don't see why council would stop someone from smoking in their backyard. It is a nuisance for the neighbour but they are allowed to smoke in places where smoking is allowed?

      • lunchbox99 on 28/03/2021 - 09:51
        +5

        They are not allowed to create a nuisance. Just like you are allowed to listen to music, but not at a volume that causes a nuisance.

        I mean, they even have laws preventing you from smoking in public places specifically to prevent you causing a nuisance to others.

        • Ughhh on 28/03/2021 - 10:01
          +1

          Perhaps op should complain about or to the wind gods for drifting smoke from one private property to another. Unless the neighbour is creating excessive smoke and blowing it into ops property, I think you're stretching it.

          • lunchbox99 on 28/03/2021 - 10:10
            +6

            @Ughhh: Well you can think what you like, doesn't make it true.

            • Ughhh on 28/03/2021 - 10:13

              @lunchbox99: Same can be said for your (stretched) interpretation.

              • lunchbox99 on 28/03/2021 - 10:15
                +6

                @Ughhh: It's not an "interpretation". There is a council bylaw against environmental nuisance that has been specifically actioned for smoke (usually fire pits etc).

                If you are saying you and I (and the council) have not substantiated whether or not there is actually a nuisance then I would agree. That is why a key part of the process is an investigation by the council. But if there is a nuisance it is most certainly actionable.

                • bobbified on 28/03/2021 - 10:54

                  @lunchbox99: …that has been specifically actioned for smoke (usually fire pits etc).

                  You're comparing the smoke from cigarettes to that of a fire pit? 👀

                • Ughhh on 28/03/2021 - 11:26

                  @lunchbox99:

                  There is a council bylaw against environmental nuisance that has been specifically actioned for smoke (usually fire pits etc).

                  I'm not saying that whether the bylaws against environmental nuisance is a interpretation or not.

                  If you are saying you and I (and the council) have not substantiated whether or not there is actually a nuisance then I would agree

                  This is the interpretation, with yours being that smoking cigarettes in ones private property and natural drifts is a reportable nuisance. Your link does not mention anything about smoking, even your example provided above "(usually fire pits etc)." is not comparable to cigarettes.

                  It could be argued that op telling them to stop smoking in the middle of night via talking through the window could be a noise nuisance.

                  • lunchbox99 on 28/03/2021 - 11:43
                    +5

                    @Ughhh: I'm not sure what you're attempting to argue. If OP makes a nuisance complaint then the council would investigate and determine if there is or is not a nuisance.

                    Houses can be very close together these days, so I imagine lots of things can be an actionable nuisance that would not have been on quarter acre blocks.

                    It really depends what is actually happening, but you can't just declare without knowing anything that there can't be a problem. None of us know.

                    I mean if smoking can't cause a problem or be a nuisance, why have governments universally outlawed smoking in public areas and even within a certain distance of those areas? It clearly can and does cause a nuisance and private properties are not inherently different with respect to smoke physics.

                    • try2bhelpful on 28/03/2021 - 12:45

                      @lunchbox99: I don’t know about Queensland but we have ACU, at the end of our street. ACU gives the smokers nowhere to smoke so they funnel out onto the end of our street. They leave butts everywhere, they stand in the middle of the road on a blind corner, they leave their rubbish everywhere. We’ve told council and the do nada about it. OP can, certainly, try talking to the council but I wouldn’t get my hopes up the council will do anything.

                    • Ughhh on 28/03/2021 - 13:21
                      -5

                      @lunchbox99: What are you expecting the council to do? Forbid the neighbours from smoking in their private space, where public community areas laws do not apply?

                      Op can definitely send in a nuisance complaint, for smoking at night, smoking during the day, the amount they're smoking, smoking with their nose. Perhaps even send a complaint for being awake past their bed time!

                      • lunchbox99 on 28/03/2021 - 13:54
                        +6

                        @Ughhh: You seem to be in denial that activities on private property can be fined. I already gave you the analogy of noise nuisance and specific smoke nuisance.

                        Furthermore, you don't seem to understand that I am not saying there is a nuisance in OPs case. I'm saying there is a mechanism to complain about environmental nuisance. As with any nuisance, they will asses the frequency, duration and impact. In OPs case they might find there is no nuisance.

                        get it now? Jeez. If you can't comprehend these basic ideas, then I guess there is nothing more to say.

                        • Ughhh on 28/03/2021 - 19:31
                          -6

                          @lunchbox99:

                          I am not saying there is a nuisance in OPs case

                          lol yes you implied it from the early on, but nice save. Geeeeezzzz

                          • lunchbox99 on 28/03/2021 - 20:11
                            +2

                            @Ughhh: You mean when I said:

                            You keep a diary of the nuisance and council will then investigate and can issue fines.

                            and

                            If you are saying you and I (and the council) have not substantiated whether or not there is actually a nuisance then I would agree.

                            and

                            If OP makes a nuisance complaint then the council would investigate and determine if there is or is not a nuisance.

                            and

                            It really depends what is actually happening, but you can't just declare without knowing anything that there can't be a problem. None of us know.

                            and

                            As with any nuisance, they will asses the frequency, duration and impact. In OPs case they might find there is no nuisance.

    • WreckTangle on 28/03/2021 - 11:13
      +4

      From what i’ve seen, councils are actually fairly useless at enforcing their own rules and bylaws (unless its a money maker like parking fines)

      • lunchbox99 on 28/03/2021 - 11:45
        +2

        I made an environmental nuisance complaint against my neighbour because they refused to change their behaviour through direct contact. The council investigated and advised the neighbour that they would be fined (repeatedly if necessary) if they didn't modify their behaviour. The behaviour stopped.

        • WreckTangle on 28/03/2021 - 12:07

          Youre lucky your neighbour was reasonable. If they ignore councils request (or the fines), council wont help you - its happened to me

      • petry on 29/03/2021 - 00:27
        -2

        if your neighbour is connected to council you are screwed - laws are all irrelevant.

    • Bacons on 28/03/2021 - 12:30

      Good info and well rounded advice. Thank you

  • Quantumcat on 28/03/2021 - 09:48
    +5

    Don't escalate. They'll just damage your property or hurt you. Keep your head down and your windows shut, and try to move somewhere else asap.

    • Bacons on 28/03/2021 - 12:36

      Don't escalate. They'll just damage your property or hurt you. Keep your head down and your windows shut,

      fair enough

      and try to move somewhere else asap.

      all the rooms are pretty set I don't really want to subject someone else to the smoke.

      • Quantumcat on 28/03/2021 - 14:47

        It is the landlord's problem to deal with it - he will have a better chance as the neighbours can't retaliate against him physically (ie hurting or injuring him) or make his life hell as he doesn't live there. They might retaliate by damaging his property but then he can deal with the police as they are damaging something that belongs to him. In your case, they could hurt you or make your life hell (eg deliberately waiting to smoke until you open your window, playing loud music at 2am, throwing rubbish in your yard, banging on your wall in the night if you have a common wall.) They might also damage the property you live in, then you have to deal with the real estate agent who might not care that it was the neighbour and take money from your bond to fix it. You could find yourself in a difficult uphill battle.

        You don't need to martyr yourself. The landlord will have an easier time resolving it (with the agent, or police) than you will and isn't subject to as much of the possible negative outcomes as you would be from acting against them.

      • sangohan on 29/03/2021 - 14:40

        I don't really want to subject someone else to the smoke.

        ain't really your problem to solve if you don't own the property. Move if possible, or use air-filter in the room and close windows in the short term, and look for a way to move.

        The landlord should be made aware, and get them to fix it for you (tho i doubt he could do anything). But it does reduce the value of the property, and you can argue about it to reduce the rent.

        If you own this property, you're shit outta luck - sell asap.

  • Donaldhump on 28/03/2021 - 09:52
    +18

    Close your windows, you can’t stop someone smoking in their own garden.

  • Cave Fire on 28/03/2021 - 09:52

    well… if you did hear the hospital threat then that is actionable. However whether it is right is another thing and you might need witnesses. I had "youth" neighbors and things escalated from dealing, burnouts, sub music at 3am, loud dogs etc. Eventually someone else dobbed them in and it was actioned. We now have a quiet professional tenant that we barely hear.

  • p1 ama on 28/03/2021 - 10:25
    +3

    If they are tenants, try and pull up the old lease listing and get in contact with the management agent. Hopefully word will flow through to the landlord and they'll kick them out.

    • lockmc on 28/03/2021 - 18:26

      Kick them out for smoking in their own backyard outside? Goooood luck with that.

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