Q: How to best reply to a landlord's action request letter about a complaint from a neighbor that isn't our fault?
We received a letter from our landlord telling us that "neighbors" are complaining about an extraordinarily strong chemical smell that comes from our apartment and is "so strong that it seems to come through the cracks in the walls or vents." The landlord wants us to "explain" the smell and "stop brewing, cooking, or burning it" because it is obviously very potent and is bothering your neighbors." The landlord went on to say that tenants have said that they will move out if the odor continues.
We are as close to a chemical-free household as possible, and only cook organic clean foods with very little herbs and spices-- nothing that would cause any sort of unusual odor. I assume there must be something wrong with the stove's vent and that it's producing an odor for our upstairs neighbor. However, I feel that our landlord's letter to us is unprofessional and oddly biased, assumptive, accusatory (without proof), and stretches the truth, because I know it's only the upstairs neighbor.
A:
You could invite the LL to your apartment to determine if there are any smells, ask him for tea. You could tell the LL that you believe the vent for the range is blocked (bird's nests can do this) and request an HVAC or plumbing inspection to check the vent. If your range hood has a filter, be sure that it is removed and cleaned. First, you need to solve these problems, then you can deal with the legal ones. Write him a letter politely saying you have no idea what he is talking about. If he won't hire the HVAC, you can notify him that you intend to "repair and deduct" meaning you can spend as much as one month's rent to hire your own HVAC to check out the problem. If all else fails, then you need to see a Tenant Rights Attorney.
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A:
I have seen this tactic when the landlord wants to evict the tenant from a low rent unit and charge higher rent.
In order to avoid an eviction , hire a lawyer who will dispute this claim and let them know you are not alone. Best of luck!!!
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