This is regarding my apartment and the neighbors downstairs who smoke. The apartment complex doesn't have a "no smoking policy" and after we moved in, a couple downstairs moved in. They smoke so much in their apartment it comes into our vents upstairs. Each roommate is sick, and one of them has asthma that gets aggravated from the second hand smoke and a history of lung and heart disease in the family. The apartment management said we can move to a different town home in the complex, or pay to break the lease but they won't compensate us at all. What legal actions can be done about this?
What type of apt complex? Condo? Coop? Usually there are bylaws and rules which specify the obligations of the managerial entity. Consult this document and see if there is a requirement that they take action. If so, write a formal letter making a complaint and referring them to that section. If they continue to not care, call and attorney.
Dear Rochester Tenant:
You will not have the landlord voluntarily compensate you for a personal injury suffered as a result of the landlord's failure to act to abate the nuisance of exposure to second hand smoke. If you want to build a lawsuit for your injuries see an attorney. You may have claims against the smoking neighbor and landlord.
If you accept the offer for an exchange apartment the landlord accepted your point of view that the nuisance tenant caused your "constructive eviction" from the apartment. Make certain that you do not sign a "release" for claims against the landlord arising from your tenancy in the original apartment. You may need a lawyer if the landlord will not provide the alternate apartment without a release.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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