Saturday, October 31, 2009

As a tenant, what are my rights if my apartment has odors from surrounding apartments?

Basically, we have to keep multiple doors closed, put towels under those doors, and these smells make us nauseous, while persistent throughout the night. We are having difficulty sleeping while these odors are invading our environment.
Curious to see if we have any protection, since our enviornment is becoming less habitable.
Answers:
Check with your lease--read it over carefully.
Our neighbor had a terrible smoking habit, and we would get an apartment filled with a nasty, nasty smoke. NOTHING helped it.
And guess what? In our lease we had NOTHING that promised us a smoke-free living space.
An acquaintance of mine lives in an apartment complex where there are several middle eastern and Indian people. She says that she cannot stand the smell of some of the spices they use in their cooking. It is strongest in the hallways but still seeps into her place and makes her nauseous. There is nothing she can do about it, they have the right to eat what they like.
Quit bitching Hammy. What makes you think you smell like a rose to the other tennants?
you have the right to ''frabreze" any tme you want...out side of that NONE...the person(s) next to you has the right to smoke if they wish to..unless you have a smoke-free building...what if someone cooks something that realy stinks ?...you have nothing to stand on..so ''frabreze'' away...beam me up ma
Landlord/tenant legislation differs according to state. Where are you?
Before exploring the tort of nuisance http://en.wikipedia.org/wiki/nuisance... with an atty experienced in civil litigation, suggest perusing your state landlord/tenant law for landlord's obligation, if any, to maintain premises in habitable condition. In B.C. (Canada's wacked out West Coast, see Rent don't buy! http://www.bccondos.ca/forums/viewtopic. and B.C. Billy Dillies http://www.bccondos.ca/forums/viewtopic. landlords have quite a high duty in this regard. All we have to do is complain that neighbor's smell is interfering with our enjoyment of the property as per lease/rental agmt.
Of course, if this is a cultural food problem (i.e. curry odors 24/7 in East Asian neighborhoods), Cdns will bend over backwards to protect the rights of the oppressive minority. (See revo-loo-tion http://www.bccondos.ca/forums/viewtopic. Unless odor-oppressed tenant is the preferred tenant or one who is ready, willing and able to pursue to the matter to small claims court or further if necessary.
What does it smell like, ammonia? It could be a meth lab if the odors are that strong and in that case it is hazardous.

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