What are my rights if my neighbors in theapartment next to mine smoke pot and the smell seeps into my place?

UPDATED: Feb 15, 2012

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What are my rights if my neighbors in theapartment next to mine smoke pot and the smell seeps into my place?

I have mentioned it to my landlord along with letting them know there is a lot of foot traffic in and out of their apartment all day. No one ever stays long. The walls are very thin and the duct work seems to link our units; the smell is strongest in the closet but you can smell it in my livingroom even with the closet door shut. I cannot go to work smelling like pot. I still have 10 months on my lease; my neighbors just moved in 2 weeks ago.

Asked on February 15, 2012 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not have any rights vis-a-vis the landlord, in that what you describe does not seem to rise to the level of violating either the implied warranty of habitability (the requirement that rental premises be habitable) or the covenant of quiet enjoyment (your right to have undisturbed possession of your unit); that's not say that you cannot or should not discuss the matter in detail with a landlord-tenant attorney, to see whether you might have recourse, but there is a good chance you do not.

However, it may be, if the issue is illegal drug use and possibly drug sales (the foot traffic) that the proper response is to contact the police, who may investigate and arrest the neighbors; that may cut off the problem, and an arrest could also lead to an eviction under certain circumstances (including the neighbors no longer being able to pay rent).

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