I have been living in my apartment building for over a year. The apartment constantly has a fumigation/cigarette smell. First I asked the management company to fix the problem. They tried for several months and the problem still remained. I then asked them if I could be released from my lease obligations because they were not able to stop the smell. They said no, they cannot release me from my lease so I just continued to live in the apartment. A few weeks ago I found out I have some problems with my throat and lungs after went to the doctors. I am a non-smoker. It has not yet been linked to living in my apartment, but I'm almost 100% sure I'm sick due to living in the apartment. Do I have a legitimate case? Can I take the management company to court?
2007-12-28 14:13:58 · 9 answers · asked by swmg789 1 in Business & Finance ➔ Renting & Real Estate
Your best bet is to talk to a lawyer and get his/her opinion on the matter. You might find a good lawyer through an anti-smoking organization (look online for ideas).
However, remember if you go to court there is no guarantee you'll win and there will be legal fees. It's a good idea to assess whether you could afford to make your case before you get into it.
Good luck with that. My neighbors smoke and the smoke comes into my apartment. I know people should be able to kill themselves if they want to...but I think there will be legal action regarding second-hand smoke in apartment complexes in the future.
2007-12-28 14:17:54 · answer #1 · answered by sci55 5 · 0⤊ 0⤋
Does not sound like you can prove that some odd smell from your apartment caused your health problems, but you can talk to a lawyer to get you out of your lease. Dont count on getting any money from it unless you have some real, legitimate proof.
Aren't most rental agreements (leases) only 1 year long? Why have you stayed there over 1 year if you are so unsatisfied?
2007-12-28 14:20:23 · answer #2 · answered by TOASTEE 6 · 1⤊ 0⤋
You can take the management company to court, but your chances of success are close to zero UNLESS you can obtain medical documentation that your medical condition is definitely linked to the odors you describe. Futhermore, if the 'odors' are not making anyone ELSE in the units ill, your chances diminish even further.
The onus of proof of your medical condition being caused by the living accommodations is upon you, and you have precious little with which to prove your case.
Julie's response is somewhat of a joke. You CAN subpoena the doctor involved, but that's rather useless unless the doctor will validate your claim. If the doc will validate your claim, it can be done in writing, without a subpoena. She's suggesting that a subpoena of the doc will force the doc to testify the way YOU want him to testify. Not realistic.
2007-12-29 01:09:48 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
If he tripped on (with the aid of fact of) the crack, probably. If he tripped on fell on the crack such as you suggested, no longer relatively. cities hire some fairly sturdy attorneys to combat this kind of healthful so pay attention. Them tripping over one yet another brought about the autumn and the city isn't at fault for that, making a assertion that if the crack wasnt there the arm wouldnt be broken could be no longer person-friendly to teach with the aid of fact no 2 human beings could fall precisely an identical way. the sole situation which could make it achievable is that if the crack is so great that it can be a secure practices risk AND that's been suggested to the city in time to have it repaired, then you relatively can declare negligence by means of the city.
2016-10-20 05:51:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I certainly would . . . if nothing else than to break your lease and get outta there. If they've tried to fix the problem it shows proof that they qualify it as a problem. And because it wasn't fixed you should be able to get out. READ your lease (and talk to an attorney . . . most will give you a free consultation).
2007-12-28 14:18:29 · answer #5 · answered by prissysoccerprincess 2 · 0⤊ 0⤋
You can sue anybody at any time for anything.
Whether you can win is another issue.
If you feel strongly enough that you can win, and are willing to risk the cost of filing and fighting the suit, and are willing to take on the risk that the management company will countersue for malicious prosecution, then go for it.
2007-12-28 14:18:20 · answer #6 · answered by Stuart 7 · 1⤊ 0⤋
You sure do have a reason to leave and even sue. It is called "constructive eviction". Read up on it. You can take them to small claims court for your bills and supeona the MD as a witness. The small claims court will give you paperwork on how to subpoena someone.
2007-12-28 14:17:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You better find some scientific evidence linking your illness to the apartment.
2007-12-28 14:16:19 · answer #8 · answered by Joe Rockhead 5 · 2⤊ 0⤋
you at least should be allowed to move to another apt. or to be released....without valid evidence of where your lung problems came from< I dunno if any court would find them liable, but you can try.
2007-12-28 14:17:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋