If I own a condo and my doorstairs neighbor rented theirs to a chain smoker, what to do if have severe lung issues and the smoke fills my unit as well as theirs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own a condo and my doorstairs neighbor rented theirs to a chain smoker, what to do if have severe lung issues and the smoke fills my unit as well as theirs?
Asked on August 24, 2012 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unless your lease promised that the building was smoke free, you most likely do not have any recourse: in the absence of a limitation or restriction in a lease, people may smoke in their own homes. Thus, the downstairs neighbor may lawfully smoke; and if your lease did not promise you a smoke-free residence, you would have no right to terminate the lease or take other action due to the smoke.
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.