Can I move units in an apartment complex due to smokers above?

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Can I move units in an apartment complex due to smokers above?

I currently live in an apartment where the tenants above me smoke heavily and it filtersiInto my apartment below. There is no smoking policy so management can’t do anything about it but said I could move units at a cost of $300. I just don’t want to be exposed to the second hand smoke. Is there anyway I could move for free instead of paying the fee since this could be a health hazard?

Asked on January 13, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you may not move for free, and you're actually fortunate management is willing to move  you for such a low cost. People are  allowed to smoke in their own homes; it is not considered a nuisance or a health hazard in that regard. Therefore, the landlord is under no obligation to move you or allow you to move apartments, and if they choose to let you do this, they may impose conditions or charges if they like.


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