Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)
They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself
A:
I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your living area. That is the first place to start.
A more aggressive option is to sue either the other tenant(s) or the landlord for a tort. Some torts include nuisance, constructive eviction, negligence, and other similar torts. The basic concept is that you will prove some harm was done to you or your child and that it was caused by that tenant or the landlord's failure to act. Litigation is expensive and can cause further problems between you and others in that community. So, make sure to look at your lease and see if the landlord must enforce any provisions and also speak with a local North Carolina attorney. Check in Durham since there may be local ordinances that may come into play.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
