QUESTION
What can we do about second hand smoke in apartment?
Asked on Jun 08th, 2024 on Landlord and Tenant Law - Michigan
More details to this question:
It is written in the lease that smoking in the unit is not permitted. We have submitted several complaints regarding neighbors smoking and it is impeding into our apartment. Nothing has changed we are experiencing heavy second hand smoke, what can we do?
1 ANSWER
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what you can do
as smoking is banned under the lease, send written notice to the smokers and the landlord that, unless the smoking stops immediately, you will sue them both for nuisance
nuisance claims permit collection of attorney fees, your landlord will not want this and should enforce the terms of the lease.
a letter from an attorney should be sufficient.
the smokers have a right to smoke but only outside. they have no right to smoke indoors, to the extent the term and condition is in the landlord's lease, they are obligated to enforce it as, otherwise, they are breaching YOUR lease because you relied on the no smoking clause as part of the lease.
if you are in the tri-county area, I can try to help, otherwise, you will need to find counsel where you are.
Answered on Jun 09th, 2024 at 12:00 PM