yeah.

what i'm going to do for this month is just level with her - put the facts down on the table and let them determine what way they want to go.

they have three options:

1) prosecuting the tenant below me for illegal behaviour. that is going to be expensive, and they may even lose the court case. but, she may leave on her own rather than fight. even so, what happens if another smoker moves in?
2) spend what will probably be thousands of dollars smoke-proofing this unit, after i force them to via court order. my attempts to smoke-proof the unit have not been successful.
3) just let me break the lease and leave. although i'm going to ask for financial compensation (in the form of moving costs), and it means re-opening a  vacancy, this is by far the cheapest option.

we can talk further in april.

i'm not doing this right this minute, but i'm going to have to search the case law for examples where second-hand smoke - and specifically second-hand marijuana smoke - is considered an "uninhabitable" situation.

A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 

i don't know if there is precedent around this, but i'm willing to make a novel argument - and push it to divisional court - if i have to.

a unit full of second-hand smoke should be considered unfit for habitation.

that said, i'm not going to get the police report for the 31st.

so, this isn't going to happen until april.

and i want to finish 2015, first.

what i'm going to have to do is give the landlord an ultimatum:

- take my smoke complaint seriously, and take steps to remove the tenant below me, or
- fight me in court, understanding that i'm trying to get out of the lease.

they're going to lose a tenant, either way. do they want to lose a law-abiding non-smoker that cares about respecting the building and the other tenants, or a disgusting, filthy ashtray of a person that doesn't care about anybody but herself?

i actually suspect they'll chose the smoker.

and, that's just confirmation that i need to get out.

this is the snoop-turing thesis.

my lease here is until december.

i'm starting to realize that i'm going to have to move if i want to maintain my mental health.

this place is going to drive me insane.

it's a shame; the problem isn't the building, it's the tenants. i like the location...

i'm going to have problems with smokers regardless of where i move, this is true. but i probably have the most disgusting person in the city below me. it's just constant - this person is chain-smoking 24/7. and, i have no serious legal options available to me to stand up for myself.

i don't want to be the person that dedicates my life to winning tenants rights for non-smokers. i have better things to do.

so, i'm going to file a smoke complaint with the intent of getting the board to cancel the lease and have the property manager pay my moving costs out. the landlord is really correct when she says that she can't do anything. but, that means that she should be liable to help me move, then.

if i file a smoke complaint, the landlord is required to make a good faith effort to address it. but, if she's telling me right off the bat that there is no solution to this, then that good faith effort should be interpreted as a way to help me move.

she should have told me that there were smokers in the building and that the place is uninhabitable for non-smokers.

i would request that people get the help that they need.

i just want people to leave me alone.

but, when does a childish crush become an unhealthy obsession?

no mentally healthy adult would behave like this.

fwiw, i was probably being kind in suggesting they're in their 30s.

they may very well be in their 40s.

these people are continuing to go out of their way to eject smoke into my apartment, and i'm just left with two conclusions:

1) it's hard to believe that they're so pathetic that they enjoy this, but it must be because they have some kind of incredibly immature crush on me. i believe it's well understood that marijuana leads to arrested development. but, this is grade school type behaviour. they're acting like a couple of little girls teasing the boy they like.
2) i need to be extra careful to ignore them, as they seem to be feeding on the lack of consent.

(as readers here know, i'm not actively attracted to women, and consider myself asexual.)

but, i kind of want to tell them to go smoke somebody that wants it; i figure they owe me $1000 in labour for cleaning up their constant stream of filth, but they could easily argue that they've paid it off in marijuana that i don't want....maybe i'll just lean over the window and breath the next time i do want to get baked...