If asmoking tenant just moved in downstirs and the second hand smoke is seeping in to my appartment, what can I do?

UPDATED: Mar 3, 2012

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If asmoking tenant just moved in downstirs and the second hand smoke is seeping in to my appartment, what can I do?

Asked on March 3, 2012 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are getting second hand smoke in your rental from the downstairs tenant, I would advise your landlord immediately about the problem via a telephone call and in writing. Keep a copy of the letter for future reference.

Some counties in assorted states in this country have laws requiring landlords to be proactive with respect to second hand smoke caused by his or her tenant. Possibly, the landlord may be forced to allow you to end your lease without any recourse if he cannot eliminate the offending smoker or evict the offending smoker. You might also consider speaking with a landlord tenant attorney further about your options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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