Basement apartment chain smokers

Over the last few weeks I have been noticing the strong odor of cigarette fumes. At first it was not that bad as the construction crew smoked during their lunch breaks as they completed the basement renovations. Periodically you could smell cigarette smoke wafting up the stairwell and into our apartment and on occasion, while they were working late, you could smell the smoke in our living room and sunroom. It never seemed to bother me as it quickly dissipated once the men were back to work or had left for the day.

Recently the smell of cigarettes has become unbearable. It seems that two young men have moved into the downstairs apartment and they are chain smokers. Yesterday before going to bed, my entire sunroom, living room, bedroom and bathroom reeked of stale cigarettes. It became so bad that during the night, I woke up to the smell of cigarettes and then proceeded to have a vivid dream about a crazy lady who lied to her landlord about smoking after her neighbours complained. This is totally off topic, but in my dream Felicity had a lovely room with 20 foot walls. Her walls were covered with racks and racks of clothing and shoes. I always thought Felicity had a lot of clothes, I just never imagined that she had that many.

Anyways, I have no idea how to fix this problem. I spent part of my Wednesday evening researching the Toronto munipical by-laws regarding smoking tenants. Man, tenants who live in buildings with smokers literally have no rights. The City of Toronto and the province has made significant efforts to prohibit smoking in public places (even on sidewalk patios) to protect people from the harmful affects of second hand smoke, yet they refuse to legislate smoking in apartment buildings, condominiums, complexes and converted residential homes. This to me makes no sense. It appears that I am protected from health hazards out in public but not in my own home.

Furthermore, the government is reluctant to put create new legislation for smokers in regards to their residences as it would infringe on their personal rights and freedoms. I do understand their point. The government has no right to intervene and attempt to dictate an individuals behavior in their own home (keeping in mind they are not participating in, endorsing or committing illegal acts). Under the provincial/territorial tenancy laws, people are entitled to "quiet enjoyment" of their home, which includes the right to be free from unreasonable disturbances of other tenants or their guests. I suppose a smoker could argue he/she is quietly enjoying his/her home and in essence not making any disturbance. I could very well make the case that drifting second hand smoke consitutes an inreasonable distrubance and request some form of remedy. A rememdy could be anything from renovations/repairs to the building to breaking the lease.

I am not yet clear on what course of action to take. Obviously the situation is not to the point of taking legal action. I think it wise to at least attempt to speak to my downstairs neighbours and inform them of how their actions are affecting me and my housemate as well as the tenants below and above me. Perhaps they would be willing to work out a possible solution thereby avoiding the intervention of the landlord. I am doubtful. There are so many places today that prohibit smoking I would think smokers feel pressured and discriminated. This type of request could propel my nbeighbours to be even more committed and obstinate in their right to smoke.

Considering I have not even seen these guys it would be rather unsettling to confront them after just introducing myself. I guess I could always write them a lovely Christmas card or when I see them in the laundry room introduce myself and be as friendly as possible. As we know, I am not the most tactful of people and tend to come off as very blunt. In this case, I don't know how long I can conceal my irritation.

Oh Father, give me patience and diplomacy.