Case Conclusion Date: 03.01.2011
Practice Area: Landlord or tenant
Description: Plaintiffs sued landlords and their downstairs neighbors because Plaintiffs' neighbors smoke marijuana and other non-tobacco products in their apartment beneath the Plaintiffs' apartment, and refuse to smoke outside, endangering the health of one of the Plaintiffs. One of the Plaintiffs had severe heart and lung problems and could not be exposed to second-hand smoke of any type. The neighbors refuse to modify their behavior and the landlords refused to evict the downstairs neighbors for nuisance. Plaintiffs sued the landlords for maintaining a nuisance, and for violating Plaintiff's rights as a disabled person. Plaintiffs sued the neighbors for creating a nuisance and for battery.