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Someone else's medical condition
I live in an apartment complex. One of the persons that live down stairs from me has an extremely bad chronic coughing problem. They cough all night almost every night that I've been living there. While I'm sorry for his misfortune, I'm not sure that it should have to be my problem. Is there any way to break the lease based on this? It seems like the apartment might know a little about this, if they did don't they have an obligation of telling me?
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You could try going down the peaceful enjoyment route, or even a noise pollution issue, but because it is a medical condition someone has (and I very much doubt they would have had to warn you, surely that would be an infringement of the coughers rights? ) I am not sure you would get very far. You could ask them to soundproof the room, after all it is going to be a problem for any one else wanting to rent it too!
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What obligation do they have to tell you that there is a person who lives in the building who coughs at night? I do not think they have any obligation. If they told you, that would be violating that person's right to privacy. It could be that this person suffers from some chronic respiratory condition such as COPD or Emphysema or even some form of bronchitis. Who knows that? You certainly can go and talk to this person living below you and ask your question to that person. You can talk to your apartment manager but they cannot reveal any private information to you.
If this is so intolerable, you may consider moving. |
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Talk to your landlord and ask to be moved to another unit or allowed out of your lease. If you landlord does not agree, then talk to the tenant and advise them that their coughing is disturbing you and they need to check their medication with their doctor and take it as prescribed to eliminate the sound that is disturbing.
$10 the downstairs tenant is on oxygen and is wearing oxygen mask as prescribed. |
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Actually the landlord could not tell you if they even knew. Since anothers tenant medical condition is confidential and they are not allowed to discuss it with you.
You can ask, but I doubt there is any legal requirement for them to have to. You can file a motion in housing court and see if they will release you. |
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