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I'll try to be brief. I live in university apartments and i have been forced out of 2 units now because of the AC units seem to be linked and my neighbors use foul smelling cooking odors. I have gone thru my chain of command (manager, supervisor, vice president of housing, etc) and nobody wants to touch the issue because the offending people pay 3 times what i pay in university costs.

I feel this is reverse descrimination. they are letting a group of people torture me and not allowing me to "peaceful enjoyment" of my unit as per my lease. Has there ever been a case like this and if not, do you think it would stand up in court (I live in texas if that matters) ?

They know about the problem and won't fix the issue. for 9 months we've been suffering with a horrid overwhelming stench of liver, onions, curry and god knows what else.

These issues give me migraine headaches, nausea and my husband's allergies are going crazy. we can't use our AC unit or it will only exacerbate the prob.

2007-09-05 16:59:24 · 5 answers · asked by JaneDo 3 in Politics & Government Law & Ethics

we have already been asked to move more than once. the problem keeps happening, its not just 1 offending person. we let this drop before hoping moving would fix it - but what if it happens again? well it did.

i do have migraines and i was told the return air from the ac is linked with the other unit. its like, how the units were constructed. the maintenance people are very sympathetic because they have to go into those disgusting units and fight vomiting every time.

i certainly hope theres something a judge would do because it feels like breach of contract and reverse descrimination. we have to keep odors like cigarettes and garbage out of other units but they can kill us with curry? thats just absurd to me.

2007-09-05 17:10:29 · update #1

5 answers

Before consulting a lawyer you should write to a newspaper (letter to editor, etc..). Whatever school it is you need to mention as NO organization wants bad publicity these days. Also, try going to other neighbors and getting a petition going. If it bothers you I'm sure it bothers other residents.

2007-09-05 17:10:13 · answer #1 · answered by Anonymous · 0 1

I doubt that there are restrictions in the lease on cooking and as far as I know, there is no law that says the neighbors can not cook curry or onions in the confines of their own home. I highly doubt the apartment complex is going to evict them for this.

Just as you claim that you are entitled to "peaceful enjoyment" of your unit - so are the neighbors. And cooking the foods they like is "peaceful enjoyment". This is not a loud party every weekend with a bunch of drunk college kids running around. The leasing office will not be able to handle the situation the same way.

Even if you called the cops on the neighbors - they would not handle the situation the same as a party. As a matter of fact, they would probably have a bigger problem with you than with the neighbors. Cooking liver is not against the law (although there are lots of little kids that probably wish it was!)

If it is a problem for you and giving you medical problems - then ask the leasing office if they will let you out of your lease without penalty. Then you can go find somewhere else to live. Since you have complained before about it - they may be sympathetic and let you out of your lease.

2007-09-05 17:30:13 · answer #2 · answered by Boots 7 · 1 0

Contact the Texas Apartment Association. They should help you resolve. If you claim the problems is causing you severe medical problems such as what you mentioned, they may be ordered to repair this. You should not be smelling you neighbor's obnoxious odors. They can go in the ac vents and block the apartment next door so this odor does not get into your system.

Good wishes and I hope this helps. A friend of mine was moved to another apartment because of her allergies. Look for any signs of mold as well. This is a guaranteed reason to get them to move you.

2007-09-05 17:04:51 · answer #3 · answered by makeitright 6 · 0 0

"Get a different place to live if you suffer so much!" This is exactly what you are going to hear from the judge. And then throw you out of the courtroom for wasting the court time/

2007-09-05 17:05:19 · answer #4 · answered by OC 7 · 1 0

You really just need to move. Obviously you are hyper-sensitive to cooking odors, and there's nothing illegal or even wrong about what they're doing. What can they do, tell them not to cook?

2007-09-06 10:00:50 · answer #5 · answered by Hillary 6 · 0 0

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