Cigarette smoke in apartment

[mpatchett]

My wife and I have lived in this apartment for 10 months and have been having a problem with cigarette smoke in our apartment from the people that live beside us for 6 months. As soon as we started having the problem we told the landlord several times about the problem. They have sent out maintenance to look into it. The first time they only sprayed air freshner and told us that they couldn't do anything else. After numerous times of complaining they finally came out and caulked around some of the plumbing. This helped a little bit but most of the smoke comes from the fact that we share a clothes dryer exhaust vent. We have called them several times again and they told us that they would have someone come out and look at it but then we called and the landlord told us that the maintenance people said that they couldn't do anything about it. The smoke gets bad enough at times that we have to leave our living room and go into the bedroom to avoid the smoke. The maintenance people have never smelled the smoke because it usually only happens in the later evening (after 8) when our neighbors get home. My wifes doctor is concerned enough with her being pregnant and diabetic to write a note requesting a smoke free enviroment. We want to know if we can break our lease based on them not fixing the problem and with having the doctors note. According to the lease agreement to break the lease we have to pay an extra months rent plus 25% of all remaining months as well as losing our deposit. Any information would be helpful and appreciated.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mpatchett:
My wife and I have lived in this apartment for 10 months and have been having a problem with cigarette smoke in our apartment from the people that live beside us for 6 months. As soon as we started having the problem we told the landlord several times about the problem. They have sent out maintenance to look into it. The first time they only sprayed air freshner and told us that they couldn't do anything else. After numerous times of complaining they finally came out and caulked around some of the plumbing. This helped a little bit but most of the smoke comes from the fact that we share a clothes dryer exhaust vent. We have called them several times again and they told us that they would have someone come out and look at it but then we called and the landlord told us that the maintenance people said that they couldn't do anything about it. The smoke gets bad enough at times that we have to leave our living room and go into the bedroom to avoid the smoke. The maintenance people have never smelled the smoke because it usually only happens in the later evening (after 8) when our neighbors get home. My wifes doctor is concerned enough with her being pregnant and diabetic to write a note requesting a smoke free enviroment. We want to know if we can break our lease based on them not fixing the problem and with having the doctors note. According to the lease agreement to break the lease we have to pay an extra months rent plus 25% of all remaining months as well as losing our deposit. Any information would be helpful and appreciated. <HR></BLOCKQUOTE>

Second hand smoke may kill. And smoke can penetrate through the walls so even if the dryer exhaust vent is secured, smoke iwll still enter your unit. The penalty for breaking the lease would only apply if you moved for no reason. Get the doctors note and write a certified letter to the landlord attaching the MD note. Add in copies of documents proving that second hand smoke is dangerous. You can get more information from the American Cancer Society, American Lung Association, US Surgeon General, State and Federal Health Dept, Environmental Protection Agency etc.
Build up your case so that you will have just cause for premature termination of your lease in the event the landlord does not take positive action to resolve the situation. Threaten to sue both the landlord and the tenants for violation of the Federal Indoor Air Quality Act. www. epa.gov and for personal injury.
Plaintiffs would be you, your wife and the unborn child.

 

[Mort]

MOVE!!!!!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mort:
MOVE!!!!!!<HR></BLOCKQUOTE>

Yes, move on down to the nearest store and buy an air purifier. On X Files there was the smoking man who then became the cancer man. What will his name be next, dead man walking?

 

[Tracey]

The KS landlord tenant acts are in Chapter 58, Article 25 of the state statutes. The residential LT act starts at 58-2540.

Under 58-2533, L has duty to make sure the building complies with any housing codes regarding health & safety, and to keep the "ventilation appliances" in good repair. You may be able to find a health inspector who will say that the smoke constitutes a health hazard. You may also be able to convince a court that the dryer ventilation system is an 'appliance' that L has to maintain properly.

IF you think you can convince a court that a smoke-free apt materially affects your health & safety within the meaning of 2533 (via ventilation or housing code), you can exercise your options under 58-2559. You can deliver a written complaint to L demanding he fix this problem & warning him that the lease will terminate in 30 days unless he has made a good faith effort & starded repairs within 14 days. Send the letter certified, return receipt.

You can also seek injunctive relief & damages under 2559(b). Ask the court to allow you to pay rent to the court until L fixes the ventilation problem, and to award you damages in the form of partial rent abatement, retroactive to the first time you began complaining about the smoke & telling L you were experiencing health problems.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.