My apartment complex allows smoking inside one's apartment and second-hand cigarette and marijuana smoke from a neighboring apartment is coming into my apartment against my will. In the lease agreement it does not state anywhere that residents cannot smoke in their apartment.
That said, even though it is a smoking community, I feel as though I am being forced into a smoking lifestyle by proxy and the complex management says there is nothing they can do. How can it be one's right to smoke in their apartment, but not my right to choose to not live that lifestyle and not smell the strong odors of another?
I feel the apartment complex should deal with this and they will not. Please let me know if there may be a case against the management. Thank you.
You need to move. The LL states in the lease that smoking is permitted. They are not going to change the rules for one tenant, so you need to find a new abode. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and I may not be licensed practice law in your state. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should rely on this information only to give you some idea of what you should do.
I tend to agree with my colleague, Mr. Nolan. It is highly unlikely the apartment complex will do anything to prevent the other tenant from smoking in their unit, however they may be agreeable to allowing you to relocate to another apartment in the complex as a solution to the problem. Best of luck!
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