Check your lease, odds are your neighbor probably signed a contract with the same language as yours (standard clauses tend not to change much). I have several rental houses that I manage. One standard clause in my lease is that tenant will "...agree to comply with all present and future laws, ordinances and regulations of any public authority relating to use of the Premises. Tenant shall not make or permit any noisy or offensive use of the Premises, or allow any nuisance or use which might interfere with the enjoyment of neighbors. Tenant will not permit any hazardous act or use of the Premises which might increase the rate of insurance thereon...Tenant will not make or permit any waste on the Premises..."

With that said, you do have rights, and the long term resident does not have more rights than the new one. In the sample clause I wrote above, your neighbor is in violation in multiple ways: she's probably violating local fire ordinance by dropping a lit cigarrette off her balcony and creating a potential fire hazard. (Building owner does not want this risk, better to nip her bad habits than risk a fire that destroys property and potentially takes human life.) She's interfering with your enjoyment of the premises. She's using the exterior of the building as a dumping ground, essentially.

Health issues that arise from structural issues or neighbors is not something a landlord wants to contend with. This woman needs to extuingish her butts in an enclosed container (they make mini butt retainers much like the larger ones you see outside public buildings. She can pick one up for under $5 at Ace.)

I'd encourage you to approach your landlord and use the same tone you have here. You don't come off as a whiner or someone screeching for their rights. You sound like a civil, level-headed person who just wants to come to a reasonable compromise and be comfortable in your own home. Mention not only the health aspect of it, but make sure to convey to the landlord that his/her property is at potential risk (e.g. "sometimes those cigarettes are still burning when she tosses them down, and when they land on my porch or other part of the building, it makes me anxious that it might be a fire hazard...". That should get the landlord's attention ;) You do not need to suffer in silence!

You tried to be nice and asked her not to throw cig butts on the property you are renting.Now call the owner. I'm sure he/she would not want a fire started this is down right dangerouse. Its not just annoying its a fire hazard and should be stopped. All she has to do is use a ash tray. Its rude nasty and a potential fire in the making. Leave the cig butts as evidence and call your landlord. Do it today!

sounds like you got a real nutcase up there, time to fight back.

do not overlook her noise as well, that's important. she's an inconsiderate turd and must be dealt with accordingly: give her no quarter. in your case it's real easy, the dumb **** is leaving evidence like a trail of faery tale crumbs, so call the cops and any EPA-like authorities in your area.

I'd work around the landlord as you know those just care about the money coming in, and they're not likely to fight a steady tenant on your behalf. it's not their lives being wrecked, they don't live there.

No offense, but if you're not going to complain about this and the renter won't do as you asked, then you will need to deal with it somehow or another. Unless of course you ask her again to please not throw them out being you are allergic to cigarettes. I would just keep knocking on her door everytime she throws one out. It might annoy her that you keep coming to your door where she might just stop doing it. If she is vindictive, then she might do it more but worth a shot. Good Luck. I complained to my neighboars landlord and landlord came out and took one look at his house and how they kept it, and is now selling it. It worked for us. Good luck. Kim

I meant to her door not yours in the one sentence ..lol:)

I would write her a note telling how you are higly alergic and that you are forced to wear a mask and gloves. Right now she probably thinks you are just a complainer and need to deal with the problem. Hearing why its a problem may change her mind.

Or else call your landlord. There is a reason you pay rent and the LL should resolve this for you.

Good Luck!

Enforcing your rights has a lot to do with where you live. Is there rent control? Because if there is, the landlord can't threaten to throw "smokey" out. Landlords do care whether thereis peace in the building, and don't like smokers either. You have to completely repaint when they move out, replace drapes. Tell the landlord about the butts being thrown overboard, thats a major fire hazard.

If you do talk to her again--which I don't think is likely to solve anything--ask her if she would like it if someone were to throw soda cans in her flowers. She's littering on your space.

Don't bother calling the cops; they're not going to care. She's not committing a crime, unless she's littering on public property. Call the landlord. And be certain to emphasize the burning cigarettes as a fire hazard, but also the litter of butts as an eyesore. Unless s/he's a slumlord s/he's probably not going to like the property looking like a dump. It'll be a turnoff to other potential renters, for one thing.

If nothing else works, you could always talk to a lawyer about suing for trespass. her butts on your space is trespassing. It's a tort.

Her butt in your apartment is trespassing, not her cigarette butts.

I starting to have the same problem .The I lady just moved in and renting with her 2 small

Children.She smokes and throws ciggarettes butts for her balcony to my patio .I asked her not to do it,She applolidazed and said that she will not do it .Surprizing next day ciggarettes butts again on my patio .I went upstairs and told her to stop throwing .She told me that she didn't do it .I told her maybe the ghost or her children throw the butts .I don't

Have any problem for her smoking but have respect and stop littering our place .I am the owner and care how the place looks .I was young too ,maybe if was raised different ways .You respect people and places .I offer to get her a ashtray .I lived in the condo apartment and some owners are renting their places. It does mean that they are renting and pay the owner

Rent that they got rights to litter .We are paying condo fee every month. She should learn

Rules, Our building supposed to be free of smoke ,it's a joke .I said to her if she don't stop I will lodge the complain with the condo board .the smokes travel true the vents .Some people don't have pride where they are living.