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How to deal with smoking neighbors
Q: Do non-smokers have any rights in renting? I have problems with the tenants next door, whose cigarette smoke comes in through the walls and duct work.
Oklahoma City, OK
A: Your rights as a non-smoker are more limited than you'd imagine, although you might be able to find some zealous lawyer, willing to represent you.
But in all seriousness, you have a habitability problem. Your apartment is not fully enjoyable to you because it smells like an ashtray. Completely understandable. So now what?
You should do a couple of things - first, write a letter to your landlord, and talk to your neighbor. In essence (aside from the health implications, which I am no expert at) your problem is legally similar to a noise problem. Your neighbor is engaging in a behavior - smoking - that makes your ability to use and enjoy your apartment difficult. However, unlike a noise problem, your neighbor is entitled to smoke 24/7 in the apartment (but not play his Rush records at full volume).
So, what should you ask, and what are your rights?
First, as stated above, write to your landlord, and describe the situation. Ask the landlord to remedy this by having the vents looked at (maybe a filter can be installed?). Also suggest that the neighbor smoke in a designated area away from your vents. Perhaps your landlord will permit you to move to another unit in the complex that he/she could designate as a non-smoking building or area.
Talk to your neighbor - perhaps you can compromise on a solution that will appease everyone.
What if the above does not help? What if your landlord is an ardent smoker and tells you to loosen up with a Camel?
Well, that's when you should consider asking to be relieved from your lease, so you can move somewhere acceptable. You might wave the flag of "health concerns" and see if this gets his/her attention. If this does not work, talk to a local tenant's rights group or landlord/tenant attorney.
In short, there is no quick & dirty answer for you...I live with smokers and know your pain.
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Taking legal action on wheelchair accessibility
Q: I moved into an apartment which is supposed to be wheelchair accessible. The front entrance has 24 stairs, and the back entrance has a very steep dirt hill. I can't get out of my apartment. What can I do legally?
Puyallup, WA
A: Most questions are like puzzles with a few pieces missing. In this case, I'm wondering - why didn't you check the place out for adequate wheelchair accessibility prior to taking occupancy and signing a lease? Did it merely "look" accessible? Have the conditions changed after you first took occupancy?
Assuming they have not, I have more questions, an explanation, an answer and some suggestions.
First, what were you told about the place, and who told it to you? Did the landlord say "This apartment building is wheelchair accessible"? Did he/she say that the unit was accessible? Did you state that you needed a wheelchair accessible unit? Did you make any provisions for this in the lease? Are you wheelchair-bound full-time, and/or is the condition temporary?
Let me break the bad news that you probably already know - the widespread protections of the Americans with Disabilities Act do not apply to residential rental units. While there may be local or state laws or local or state building codes that may require a number of units be made available for the disabled, this would likely not help you, as you are in a place and these laws generally regulate new construction.
So my answer to you is thus: if the landlord materially misrepresented the accessibility of the building, you could ask a court to have the lease set aside. Unless the court finds that you were not mislead because you either had actual or constructive (which means you drove by and saw the steps and the hill prior to renting) knowledge of the conditions.
My suggestions: it seems that the whole building is unacceptable due to your condition. If you explain your dilemma to him/her, he/she should allow you to break your lease. If not, then it would be a good time to talk to an attorney (or housing advocate for the disabled in your area) and explain your situation. It very well could be that the building was supposed to be accessible and is not to code; they would know better than I. (Your local city planning department likely has this information at their fingertips - call 'em!)
And be sure to check places out for habitability in the future. |
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Disclaimer
Information provided should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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