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?