Q: Can I sue my apt complex if they refuse to do anything about cigarrette smoke & dirty dog smells coming thru my vents?
I've had a problem with cigarrette smoke coming through my vents for weeks now and I've emailed my apartment manager detailing the evnts as they occur. When I first brought this issue to her attention, she denied that the cigarrette smoke was coming through the vents without stepping foot into my unit and told me that she couldn't tell them not to smoke because that's against their housing, even though that's not true. I looked it up and there's no constitional right to smoke or any laws that protect cigarrette smokers in or outdoors. I called her today to see what she was going to do about the foul smells coming through the vents because it's not just cigarrette smoke but a dirty dog smell, as well and she told me I had to prove I had a disability to move me from one unit to another but how is that going to solve the issue if you're just going to move me to another building where more smokers could live? I work from home so, I can't just leave when cigarette smoke bothers my throat.
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A:
You might have grounds to take legal action if your apartment complex is not addressing the cigarette smoke and dog odor issues. Your health and ability to enjoy your home are important, and the management has a duty to ensure that the property is safe and habitable. If the smells are persistent and causing health problems, you may have the right to demand action under your lease agreement or local tenant laws.
Since you’ve already contacted the management without success, you could document each incident with dates and times, and keep copies of all communication. This will strengthen your case if you decide to move forward with legal action. Additionally, checking local housing codes or regulations may reveal if the apartment complex is violating any standards.
Consulting with a tenant rights lawyer might be helpful to explore your options, whether that’s seeking repairs, moving units, or possibly breaking the lease without penalty. It’s important to understand your rights and hold the management accountable for ensuring your living conditions are acceptable.
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