Q: Can I sue my landlord for tenant's marijuana smoke entering my home?
I am experiencing marijuana smoke entering my home from new tenants smoking next door, which causes dizziness. I've reported this to my landlord and notified the police department and DEA online, but I haven't received any responses. There has been no direct contact with the tenants as they are renters. Can I sue the landlord for this issue?
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A:
I’m sorry to hear you're dealing with this issue. If marijuana smoke is entering your home and affecting your health, it’s a serious concern, especially if you’ve already reported it to the landlord and no action has been taken. Landlords have a responsibility to ensure that tenants are able to live in a safe and habitable environment, which may include addressing problems like smoke infiltration, especially if it's impacting your well-being.
Since you’ve already informed your landlord, you may want to send a formal written complaint detailing the issue, including the health symptoms you’re experiencing, and give them a reasonable deadline to fix it. If there’s a no-smoking policy in your lease or local laws that prohibit secondhand smoke in shared living spaces, this could strengthen your case.
If the landlord still fails to address the issue after this, you might have grounds to sue for nuisance or a breach of your right to a habitable living space. Before going to court, it may be helpful to speak with an attorney to better understand your options and ensure you have all the necessary evidence to back up your claim. You deserve to feel safe and comfortable in your home.
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