(NJ) Cigarette smoke penetrates unit above, nuisance (by legal def.), breach of quiet Enjoyment covenant, grounds for eviction?

Asked 12 months ago - Edgewater, NJ

Residential building - tenants contention:
Both tenants' lease prohibits, not smoking, but "odors" and any other nuisance/ disturbing the peace and quiet enjoyment of others specifically.
Smokers moved-in after non-smokers.
Attempts to seal cracks in the units failed as the smoke still travels up and penetrate unit above.
Judges in CA, UT and NY among others, have ruled favorably when a non-smoking party brought suit against landlord and/ or smokers in L/T courts and small claim courts in a similar context; what about NJ?

How can the LL be convinced to take action beyond relaying the complaints to the smokers verbally? What legal action can the landlord take to 1) make the smokers stop or 2) failing that, evict them?
What are the non-smokers' best options aside from moving?

Attorney answers (2)

  1. Douglas Wayne Jones Jr

    Contributor Level 15


    Lawyer agrees


    Answered . Answer: While you can sue the landlord and tenant for breach of the use and quiet enjoyment, your previous communications indicated that you did not want to sue the landlord. Also, while it is a nuisance, your case would be much stronger if you have an allergy or developed illness from the smoke.

    We can be reached at (609) 242-5319. Please be advised that the information provided in this answer is for... more
  2. Jason David Roth


    Contributor Level 14

    Answered . Depending on your lease, you might be able to sue the landlord, for breach of use and quiet enjoyment of your tenancy, and nuisance as my colleague indicates. Call an attorney, provide all of the specific facts relative to your matter, a copy of your lease, as well as your current health situation, to see what else you can do.

    This office does not represent you. This email does not form any attorney / client relationship. In order to form... more

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