unbearable odor

[Ken21]

I work in a restaurant which is right next store to a dry cleaner store. The wall between us is not as thick and as dense as the other stores in the same shopping center. The reason is it use to be one lot but the landlord has divide it into two lot. The problem is there is chemical odor coming from the dry cleaner store everyday or so in the winter time.
If the odor became too strong, we have to shut-off our exhaust fan so it would help to lessen the odor because our exhaust fan is drawing their odor into our place. Once we do shut-off our fan, the odor is still there but not as powerful as before. But the cleaner store's owner complaint that our cooking odor is coming to their store once our fan is turn-off. I told him I know that would happen but I rather smell my own cooking odor than his chemical odor which he claims to be safe. He said he uses ammonia and other safe chemicals for his drying cleaning. He insisted that the odor produced by these chemical is safe. I told him if these odor are so safe then the chemical must be safe to drink also. He refuse drink them. Our cooking odor might not be pleasant but it is safe. We can eat the food and drink the soup that produced these cooking odor.
What made me so mad is all this could be avoided. I found out that he has his exhaust fans off when he is using his chemical so he can save a few bucks off his electric bill. I told him we do not enjoy shutting off our fan. In fact, we keep our exhaust fan on for 11 hours each day from opening to closing. We never have any problems with the cleaner in the spring and summer because he keeps his fans on during these times to cool his place, he doesn't have air conditioning. I told him if he keeps his fans on and we keep our on, no matter how thin the wall between us is, there would be no odor at all. I have been asking as nicely and as sincerely as I could to have his fans turn on. I try to make peace with him. I even found his car keys on the ground of the shopping center and gladly returned to him. He showed his appreciation by continuing to shut his fans off. On good days, he might keep one of his exhaust on, but that is not enough. He needs to keep both of his exhaust fans on during his business hours.
And guess what, this has been going on for 12 years. Each year it is getting worse and is driving us crazy. I have never seen anyone as cheap and as selfish as my neighbor. He never care if we continue to suffer as long as he save a few bucks.
My question is can we take him to a small claim court to have the judge order him to keep his exhaust fans on during his business hours. We are not after his money or anything. We just wanted him to keep his fans on. Is that too much to ask for? The landlord has already refused to help because he said the two of you have to resolve it on your own. Would judges think this case is not worth their time since we did not ask for any monetary compensation just an order from the court asking the defendant to keep his fan on. Are we too naive to think that taking him to court would solve this problem? Please help!

 

[HomeGuru]

Please summarize in a short simple paragraph. You are supposed to post a question not write a chapter of a novel.

 

[Ken21]

simple question.

I thought I needed to give as much detail as possible to so that readers would understand the situation better. I guess I was wrong. So I try to make it as simple as possible. My problem is I work in a restaurant right next store to a dry cleaner. The owner of the dry cleaner store constantly shut-off his exhaust fans to save a few buck off his electric bill in the winter.

There is a strong chemical odor going to our place once he has his fans off. I pleaded with him to keep his exhaust fans on but he would not listen.

Can we take this cheap guy to a small claim court?
We are not looking for any monetary compensation. We just want a court order to keep his exhaust fans on during his business hours.

Are we too naive to think any judge will consider this case since no money is being asked? Do you think we don't stand a chance against this cheap owner in court?

Are we wasting our time and money fighting him in court?
Please help! Thank you.

 

[JETX]

In most states, the Small Claims court is for money damages only. Since you didn't tell us where you are (see the red text at the top of the screen???), we can't advise if your state is one of them.

My suggestion... talk with your landlord. He might have to decide which tenant is the better to keep. Also, you might advise the landlord that the 'dry cleaner' may be violating some EPA or environmental laws on the handling of the cleaning chemicals (usually tolulene). IF they are in violation, the landlord can be 'hit' with substantial fines and costs of repair.

 

[Ken21]

I'm sorry I forgot to tell you we are in Delaware.
Anyway, the only thing the landlord has done in the past is
patch up any holes in the wall between the dry cleaner place and our place. It is no use at all.

The landlord is not a pleasant person to talk to. He only cares about his tenants paying the rent on time. He said it before that he will not get involve in this matter.

Shouldn't the dry cleaner place be hit with a fine if they did violated any EPA or environmental laws? They are the one that operate the chemicals. How come the landlord are also responsible for their violation?

Then the owner of the dry cleaner lie to me about using only ammonia. He even said the odor produced is harmless. I don't believe him.

What option do we have now? Can the EPA help? I don't know how the dry cleaner dispose of their chemicals, but I do know once they turn on their fans all the odor are gone.
Is their any chance to win this at all?

 

[HomeGuru]

File a complain with the State Health Dept. and EPA. Request an inspection and provide the inspectors all info.