Advice please: New Apt, annoying neighbors

So we recently moved into a new apartment. I love the apt, it's so much nicer than our old place. The way the apartments are designed is that we kinda share a patio with the people directly across from us, with a railing dividing our side from theirs.

Our first day here, we were moving stuff in, and the woman who lives there was outside. I smiled and said hi. She turned up her nose, sighed, and went in the apt and slammed the door behind her.  

Our second day here she was outside walking her dog, and her dog charged us. The dog is huge and she is tiny and could barely hold it back. Our apartment complex has a rule that says no rottweilers or pit bulls. Her dog looks 110% like a rottweiler. We complained to the apt management, and they said they were aware of the situation, but the people had something signed from their vet saying the dog is NOT a rottweiler. here is a pic of the dog:

But the thing I'm having the worst issue with overall is that for the past 2-3 weeks they both sit out on their side of the patio and chain smoke for hours. When I walk up to go into my apt, they stop talking and look the other way. When I open up my front door, a cloud of smoke comes into my house. I have asthma and smoke of any kinds is the number one thing that triggers an asthma attack for me. My living room smells like smoke. I can't enjoy our patio area as they are ALWAYS out there smoking.

I have stuff to control asthma attacks, but I hate having to use it on a daily basis. And I've had horrible headaches almost every single day from the smoke. These people are very unfriendly, so it's not like I can have a conversation with them about how sick their smoking is making me. If I had known about them/the smoking outside constantly, I would have never moved into this apartment. I don't know what to do. I don't think there is anything I can do. We have a lease for a year, but we were planning on staying here for several years. Any advice?

Talk to management company and see if there is anything you can do to get out of the lease. If they won't, look into your state's tenant rights. There should be something in there about health and well-being if you can't do anything about the dogs.

Sounds like a bad situation.

Could you transfer apartments?  Maybe there's a decent nonsmoker you could be moved near. 

Could you transfer apartments?  Maybe there's a decent nonsmoker you could be moved near. 

That would be my recommendation.  If you can't get out of your lease, the management should at least provide you with an apartment that doesn't pose a health issue for you.  It may take some jumping through hoops (getting letters from a doctor and/or lawyer), and I've heard threats about reporting to the Better Business Bureau can help, but hopefully they'll be decent and offer to swap apartments just to be decent people.

I think they might let us swap apartments, but I hate to do that! I've spent the last month and a half getting everything unpacked and organized! My fiance travels for work so I pretty much had to do 95% of the packing/unpacking on my own.

Call Animal Control for the dog that's the easy part.

Depending on what state you live in there are laws that state you can't smoke within so many feet of an operable door or window in a public place. Technically speaking the common area of an apartment complex would be a public place. Best to contact the Health Department for your county and see what the law is regarding that. Check your lease as well as it may say in there. And if there is you can always call the police.

Other than that your only other option may just be to move.

The others have given really good advice, I just wanted to say that you have all my sympathy and I really hope you're able to work something out.  Inconsiderate smokers are the worst neighbours.  I think you're absolutely justified in complaining to the landlord, the health department, whomever.  You shouldn't be injured by someone else's bad habit.  Good luck to you. 

That sounds horrible!  I just wanted to say that I think WebyJ's advice about looking into the legal side of things is a great idea.  I think that could really help you out.  If not, I know it would be a pain to move, but you might be able to switch apartments as someone else said.  I had an apartment in the US that it turned out didn't get cell phone reception and the complex would have let me switch apartments.  I decided it was too much hassle, but they didn't have a problem with it at all, and cell reception is minor compared to what you're talking about.

yikes, that sounds bad.  i have childhood asthma that flares up if i am around smoke, so i sympathize.  i'd say look into what everyone here has suggested but would really strongly consider moving to another unit--for health reasons, it's not unreasonable for them to provide you with a unit near nonsmokers.  many complexes these days don't even allow smoking at all, so you never know, maybe they are just breaking the rules.  good luck!

I was walking into my apt last night and they were all but doing IT on the front patio.  They froze when I walked up and I heard the man mumble something about "stupid neighbors" and "never having any privacy on THEIR patio."

My sister is staying with me this week in our guest room. Outside the window in that room is my side of the patio. Two nights ago my sister went in the room and turned on her lights. We started hearing these horrible sounds that sounded almost like a cat yowling. I peeked outside and it was the neighbor sitting on his side of the patio making those noises.  Then she turned off the light and he stopped. Then she turned back on the light and he started making a mix of dog and cow noises. We turned off the light and he stopped. Then we just turned on the lights and left them on. He kept making noises for about 30 mins, then they both went in their apt and slammed the door behind them.     

These people sound just plain crazy.  How annoying!

I would say move if you can.  While the packing will be annoying, do you really want to get into a legal thing with people who sit outside on their patio making dog and cow noises for 30 minutes? 

Best of luck!

I would say move if you can.  While the packing will be annoying, do you really want to get into a legal thing with people who sit outside on their patio making dog and cow noises for 30 minutes? 

Best of luck!

Sorry for the hijack....

  *bounce* Goods is back!!!! *bounce* 

OK, the smoking and the killer dog was bad enough, but now they've moved from merely unpleasant to sheer crazy.  Move, and leave them to be nutso in "private."  But if I were you, I'd be sure to let the landlord know exactly why I was leaving and make sure that they're aware that they'll likely have similar problems with whomever else they put in that apartment. 

I think they might let us swap apartments, but I hate to do that! I've spent the last month and a half getting everything unpacked and organized! My fiance travels for work so I pretty much had to do 95% of the packing/unpacking on my own.

If it's a question of your health and sanity, it's worth being inconvenienced for a few days/weeks.  Staying where you are will only get worse, not better, I guarantee it.

As for the dog, I'm not a vet, but I'm pretty sure that unless the vet saw the dog being conceived (which, I suppose, is possible albeit highly doubtful), there's no way he/she could honestly say what breed it is.  But, I suppose that's neither here nor there.