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Can I get out of my lease because the place constantly smells like cigarrette smoke from other apartments? If so what do I need to bring into court to fight these people? Is it my word against theirs or is there something else I need to bring into court to prove the smoke problem? Thanks.
I don't think that falls under breach of warrant habitability
You would probably have to get a doctors statement saying you can't be around smoke for health reasons. Until then I think you have to wait until they pass the law prohibiting smoking in adjoining apartments. So far I think California is the only one with the ban.
Try getting an air purifier and keep your windows shut. If you lived in California you might have a chance due to their certain no smoking laws.
Quote:
Originally Posted by twinkiedooter
I have to keep the windows open to try to ventilate the apartment because the problem is coming from the building's ventilation.
I disagree with both you in regards to being able to get out of the lease. Not being able to breathe and being subjected to cancer causing agents on a daily basis is definitely a breach of warrant of habitability.
The apartment is a high rise, they have numerous vacant apartments and they refuse to move me to try to solve the problem.
You can disagree but it goes by what the law states and if you have a doctor to back you up.
The Judge could tell him to clean the building of the smoke and make you stick to the lease and possibly make him let you move into one of his other apartments.
I think its common sense that inhaling cigarette smoke is harmful to your health. I am not looking for banning smoking but I should not be sujected to other people's choices. I disagree with you in regards to finding a breach here.Quote:
Originally Posted by N0help4u
I doubt you can prove their smoke is a problem, and even if you do, if they are smoking in public areas or in their own apartment, there is little the landlord can do ( he can not force them not to smoke)
While I can understand your concern, I don't see any legal recourse for this
Any non smoker could use that as an excuse to break a lease. I still say that legally you would have to have a doctor back you up to have a fighting chance and a Judge may still keep you to the lease and make him clean out the smoke.
Your probably right. I think the problem goes more to the proof than to the actual breach.Quote:
Originally Posted by N0help4u
I can go to my doctor and say that the air quality in the apartment building is causing me serious health problems. I am sensitive to smoke and the apartment was on notice and did nothing to improve the situation.
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Legal Strategies Related to ETS in Apartments and Condos
The literature regarding ETS environmental tobacco smoke exposure must support the specific complaints by non-smoking tenants in order to meet the standards necessary under the code. A Board (of health) determination that a particular health threat exists in a particular situation would merely be applying well-accepted scientific conclusions by widely acknowledged experts using the latest scientific findings. If a violation is found, the regulatory body's procedure or duty under these circumstances may include writing a fine, ordering repairs, or reporting the infraction to some other agency. Repairs might require caulking where ETS incursions occur, installing plastic smoke blockers behind electrical outlets, and correcting problems with the ventilation systems. The landlord may also enforce lease provisions against the smoker to prevent sanitary code violations.9
The rights of the landlord are often set out under the regulatory scheme. There are several issues a regulatory body may have to confront. How long does the landlord have to make repairs? Is there a penalty to the landlord for failure to repair? May the regulatory agency make a repair and charge the landlord for the cost? Some regulations use penalties as an economic incentive for the landlord (that is, each day the violation exists is considered a new violation).
Most administrative regulations will provide an appeals process for the landlord.10 The evidentiary standards and the legal standard of review applied during the appeal process will vary by state. The appellate body may also have a process for acceptance of general scientific data, such as ETS research. If the internal regulatory appeal process finds against the landlord, but the landlord still does not cooperate, the regulatory body may need to bring the landlord to court. The court will, in most cases, defer to the agency's expertise.
Quote:
Originally Posted by N0help4u
Now this is very helpful. Thanks. See the other posts were indeed wrong about no cause of action. Getting on the phone with the health inspector Monday!
I never said you had no course of action. I said it is unlikely you can get out of the lease.
I was saying that you have to build a case such as getting a doctor to back you (which you still should). Even getting the health board may still only get the landlord to have to clean out the smoke and you still may be stuck in your lease.
Quote:
Originally Posted by N0help4u
This place is a high rise building with 2 other identical buildings. (10 floors each) It was a old run down slum before they fixed the aesthics of the building but the ventilation problems still exist. These people have not intention of getting the smoke out of the building and it would cost them an arm and a leg to do so. I am sure if I threaten to distribute a flier to every resident complaining about air quality and telling them we may have a cause of action to get out of their lease, as well as enclose the documentation from your attached prior link, these people will not put up a fight to let me out of my lease 4 months early.
What do you think?
I think you should do whatever and what all it takes. I am just saying don't put ALL your hope in getting out of the lease. Maybe if the building is really bad they can find enough violations to have it closed down or even condemned .
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