Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.
I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled with smoke every day to the point where it is affecting my health and my children's health badly. We have had to leave the apartment during the day and even stay other places at night. We have air purifiers, fans and air conditioners but it does not take it away. It's to the point where the property managers are no longer returning my phone calls or responding to my emails. I contacted the company who owns the building but they do not get back to me either. I also spoke with an inspector within my township but she was not able to help me with much. I can't afford to move, nor should I have to because of my neighbor's addiction.
A: Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of contract. Speak to an attorney about this.
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