Would I be able to win if I sued over this smoke issue?

Question

I moved into an apartment in January. As soon as I did I noticed I smelled cigarette smoke often. I'd open the doors to see if someone was smoking outside so I could ask them to go somewhere else, but I never saw anyone. I finally came to the conclusion it was seeping in from a neighboring unit. To make my story not so long, lets just say I made much correspondence back and forth with the apartment complex, and the final outcome was that they would not do anything for me. They said I could live with it or move out. Well, of course I had to move out because not only is it dangerous to my and my husbands health, but I had a 5 month old baby that could die from sids because of it. I have plenty of proof to back up how unsafe second-hand smoke is, esspecially to children, my problem is I don't have any physical proof that there actually was second-hand smoke getting into my apartment (how could you?) If I take this to small claims court, can I win? Any advice? Please, serious only

I'm suing for moving fees and rent I paid and didn't get to live in the apartment, among other smaller things like account start up and close fees.

There is a part in the lease that states "no tenant shall engage in activity that will effect the safety or comfort of another tenant" and also, whether stated or not, the apartment has a duty to, not only give me a habitable apartment, but a safe one for me as well. The fact that second-hand smoke kills is just that, fact. The ONLY issue I have is trying to prove that there was actually a problem. The maintenence guy that I spoke with one of the times I called told me the same people to live in this apartment prior to me had the same complaint of smoke, but, conveinently, he now doesn't remember that conversation. I can prove I was calling back and forth with the apartment to try to resolve the issue, I know that evidence is not so important in small claims court because it is informal, so I'd rather have advice from an attorney who could tell me whether or not my correspondence was enough to say there was probably an issue.

I don't know how you could "remember me asking about this" since I'm just now asking it? But, it's not their "own home" it's a shared dwelling. They don't have the right to effect another tenants safety, just as is stated in the lease. If their smoking geting into my apartment, they are causing me and everyone else around them physical harm. It's not like they are just choosing to kill themselves, they are choosing to kill everyone around them. It's funny that I can go to a resturaunt, or a hotel, and not have to worry about second hand smoke, but the place I live, because SOMEONE ELSE decides to smoke, I have to suffer. Get real, you want to kill yourself? Okay. You don't have the RIGHT to kill other people.

I don't know where you got your information, but you need to reinvestigate, because they DO have a legal right to ensure my safety in the apartment and they ARE liable if they can prevent safety hazard and don't, so YOU grow up, and do a better job at knowing the facts, I can't believe you are a lawyer, I feel sorry for your clients. You must lose a lot.

-Secondhand Smoke: The Science: http://www.no-smoke.org/htmlpage.php?id=17
-Health Effects Of Secondhand Smoke On Children: http://www.no-smoke.org/htmlpage.php?id=13
-Model Policy for a Smokefree Condominium or Apartment: http://www.no-smoke.org/htmlpage.php?id=61
--Ventilation and Air Filtration: The Science:
http://www.no-smoke.org/document.php?id=268
--"Households contaminated by environmental tobacco smoke: sources of infant exposures"
http://tc.bmjjournals.com/cgi/content/abstract/13/1/29

It might be useful to give your landlord "Secondhand Smoke In Apartments And Condominiums: A Guide For Owners And Managers," which explains their ability to make their properties smokefree and how to work with tenants to resolve problems. Its available at http://www.no-smoke.org/htmlpage.php?id=16. Another website, http://www.mismokefreeapartment.org/landlords.html, has excellent information on landlords' right and even responsibility to have smokefree apartments, including cost saving

Answer 1

Go to a law office and ask them. I hope you can win, smokers are selfish

Answer 2

Attoreny here. i'm afraid you do not have a case. This guy has the desirable to smoke - it is a worry-loose human genuine guranteed by using international regulation, which overrules the regulations of the country, state and the regulations of the development of direction. the incontrovertible fact that smoke for some reason reaches you isn't his fault. it is on the whole the fault of the condominium architect if outfitted with defective infrastructure or by way of erosion etc and this won't be blamed on all of us. you'll have found out the explanation at the back of the flow of smoke and glued it. To useful you should show negligence and it actual isn't the smoker, ought to be the governing physique of the complicated or the architect. you in addition to mght ought to show damaga to the wellbeing of any family individuals member due on your neighbours smoking and to be truthful, it is an impossible activity reason it is blamed on toxins etc. Sorry, yet as quickly as I have been you, i could forget approximately it and flow on. next time verify you comprise a penalty clause on your lease settlement.

Answer 3

Sorry, but you lose this one.

When you rent an apartment for your living quarters, you take it subject to environmental and third--party influences. That would include the automobiles driving past the building, belching fumes. That would also include any factories in the vicinity, spewing smoke.
And it would even include drug dealers in the neighborhod, or hookers, etc.

The landlord cannot ensure the sanctity of the environment in which the building, complex, or townhouse is located, any more than he can ensure that the weather outside will always be nice for you.

GROW UP.

Answer 4

Unless the Apartment Complex advertises and designates non smoking units and both you and your neighbor lived in them, there is really nothing you can do. The neighbor is in his/her own personal dwelling. The Apartment Complex rules were not being broken. Unfortunately for non smokers, it is really awful sometimes. One of the things you have to put up with I think if you live in an apartment. Thank goodness you could move!

Answer 5

If the smoke was so offensive, how could you not notice it before you moved in?

Unless you can put a clause in your lease that says you must not be able to notice any cigarette smoke from other renters, you're out of luck. No landlord is going to give you that kind of power - just noticing cigarette smoke?

Don't believe what you read about second-hand smoke. The study was debunked immediately after it was published. Please read the article below before worrying yourself to death over a little second-hand smoke.

Answer 6

2nd hand smoke is not really dangerous at all to you and your husband, but your child, you are right about. Think about those facts those companies make. If they were true, wouldn't you see people dropping dead from 2nd hand smoke?

I don't know how you could sue, but if you do, you probably will win with almost no evidence because of the way our system is working these days. Just find the right judge

Answer 7

Unless this appartment complex was a non smoking unit, and you chose it for that reason, it's pointless to waste the time or the money.

Answer 8

I don't think you have a case. Be happy you are out. Seems the walls/insulation was pretty bad there if that much smoke was coming from another apartment.

Answer 9

You would win a brass ring and a cigar. If you have no proof, the only one who would win would be an attorney. If you take it to small claims court with no proof, you don't get anything either.

Answer 10

well I totally agree that smoking is gross and that smoke is not something a baby should be around, but the person who owns the appartment is the one who makes the rules. So I'd just find another appartment, because the owner makes the rules. And its sad but smoking isn't illegal in appartments.. which i think is totally wrong.