QUESTION
Can I sue a neighbor in an apartment building for smoking?
Asked on Oct 23rd, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I live in a six-unit apartment building and a lady just moved in above me and is a horrible chain smoker and I get horrible headaches and just had an upper respiratory infection. It is horrible. I have asked the building owner to talk to her and ask her to smoke outside but she does not and the smell is making me sick. Do I have any legal recourse?
6 ANSWERS
John J. Carney
Unfortunately you cannot make her smoke outside. The only place you still can smoke is in your home or outside and that is not going to change anytime soon. You should send her some pamphlets on cancer, emphysema, and COPD to let her know how horrible and slow her death will be and how certain it is that she will at the very least get COPD. Other than that you can get a fan, use towels under the doors, use an air cleaner, or an air filter. There are many good air purifiers that will take all the smoke out of your air for $500 or less.
Answered on Nov 04th, 2012 at 1:31 AM
Were you promised a smoke free environment? You should consult a real estate attorney to review all of the relevant facts and documents so as to advise you how best to proceed.
Answered on Oct 25th, 2012 at 8:33 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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Not, unless the lease prohibits smoking.
Answered on Oct 25th, 2012 at 8:16 PM
Is it a non-smoking complex? In California, the landlord has the right to make the complex non-smoking. There are only about 20 communities in California that have banned smoking in multifamily housing facilities. Unless you live in one of those communities or your landlord has made it a restriction, then you unfortunately have little recourse.
Answered on Oct 25th, 2012 at 8:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Check your lease, it and the local health laws will determine your rights.
Answered on Oct 25th, 2012 at 8:04 PM
Kevin Elliott Parks
There is precedent that provides that smoke may be considered a nuisance and/or a trespass, which might allow a tort claim which could provide a theory of recovery for damages for your medical expenses and the like. Additionally, you may also have viable claims against your landlord for habitability violations. You should consult with an attorney regarding the options you may ave in proceeding.
Answered on Oct 25th, 2012 at 7:57 PM