Hello,

I just moved into a ground floor apartment 9 days ago. The apartment directly above me has recently had a large fire. The entire apartment has been boarded up due to smoke damage. Soot from upstairs has covered my apartment and my family, which includes 2 children with asthma and an infant, is breathing in the soot. The a/c filter is black.

What should we do and what is the landlord required to do for me? I am located in Goodlettsville Tennessee. Please help!

Thank you,

thwack25

Contact the landlord as soon as possible he might put you up in a hotel or different apartment till he gets it cleaned up. If the landlord doesn't resolve the issue. You should be able to contact county services. They most likely will come and inspect the property and fine the landlord and give him instructions on what he needs to do the make things right.

In landlord tenant law, there is the rule of implied warranty of habitability. If you tell the landlord that your apartment is uninhabitable because you can't breathe, he is required by law to give you a place that is habitable if there is an available apartment, or, if none, he must either give you back your deposit so you can find a habitable place or put you in a hotel.

If your landlord does not respond, most states have a Real Estate Commissioner's office that is set up to deal with complaints.

All states have some variation of a Landlord-Tenant Act which sets out the rights of landlords and tenants. Unfortunately for the tenant, to make the landlord comply, sometimes the only thing you can do is take them to court. Most landlords know that renters don't have the finances to hire a lawyer, so they step all over you. However, small claims court doesn't require a lawyer to help (although it is a good idea) and many of the small claims court clerks will even help you fill out a complaint.

I would recommend googling implied warranty of habitability and reading up on that before you talk to your landlord. Just be careful to make the conversation really pleasant the first time and save the information for after he says no. Always give them the chance to handle the situation before saying you'll complain or sue.