What is the name of your state (only U.S. law)? DC
As I mentioned a while back, we have a working woodburning fireplace in our apartment. We have burned 6 fires so far this month, and never had a problem until last night. When we lit a fire last night, my neighbors came down to tell me that they were getting smoke in their apartment. I e-mailed my LL to tell her they were getting smoke, and the chimney was likely blocked at the top, probably by a bird's nest or something. She responded that if they are getting smoke, they should close their flue. In all fairness, their flue was open, but smoke does not go DOWN into someone else's fireplace unless there is an obstruction preventing it from going UP and OUT. My theory of an obstruction is proven, in my opinion, by the fact that we had 5 previous fires without complaint.
My lease doesn't mention the fireplace, but the apartment was rented with it. I had inquired a few weeks ago about whether there was a risk of fire because the chimney had not been cleaned in a few years. My LL responded that OF COURSE we could use the fireplace. So, my question is, is my LL required to remedy the obstruction in the chimney? Could she come back and say "well, the fireplace is a luxury, so if it doesn't work, then you can't use it."
As I mentioned a while back, we have a working woodburning fireplace in our apartment. We have burned 6 fires so far this month, and never had a problem until last night. When we lit a fire last night, my neighbors came down to tell me that they were getting smoke in their apartment. I e-mailed my LL to tell her they were getting smoke, and the chimney was likely blocked at the top, probably by a bird's nest or something. She responded that if they are getting smoke, they should close their flue. In all fairness, their flue was open, but smoke does not go DOWN into someone else's fireplace unless there is an obstruction preventing it from going UP and OUT. My theory of an obstruction is proven, in my opinion, by the fact that we had 5 previous fires without complaint.
My lease doesn't mention the fireplace, but the apartment was rented with it. I had inquired a few weeks ago about whether there was a risk of fire because the chimney had not been cleaned in a few years. My LL responded that OF COURSE we could use the fireplace. So, my question is, is my LL required to remedy the obstruction in the chimney? Could she come back and say "well, the fireplace is a luxury, so if it doesn't work, then you can't use it."