Tenant's Right to Quiet Enjoyment: What Can I Do About Secondhand Smoke?
Have you ever faced a situation where the smell of smoke from other apartments makes your home less comfortable? You're not alone! Let's talk about your right to a peaceful living space and what you can do if secondhand smoke affects your home enjoyment.
Tenants have the right known as the "right to quiet enjoyment." This means a tenant should have a peaceful and comfortable living environment. If the smoke from other tenants’ apartments is drifting into your space and impacting your living conditions, it might be infringing on this right.
So, what can you do about it?
- Talk to the Landlord: Start by having a conversation with your landlord or property manager. Explain the issue politely and ask if there are any rules or policies in place regarding smoking on the premises. They might be able to address the problem by enforcing existing rules or by talking to the other tenants.
- Keep Records: Document instances when you notice the smoke smell and how it affects you. Dates, times, and any impact on your health or comfort are essential details. Having a record can support your case if you need to take further action.
- Know Your Rights: Check your lease agreement or tenant rights laws in your area. Some places have laws that prohibit smoking in certain areas of multi-unit housing, especially where it affects other tenants.
- Request Accommodations: In some cases, landlords might need to make reasonable accommodations for affected tenants with disabilities. This could involve installing better ventilation systems or creating designated smoking areas away from living spaces.
- Seek Legal Advice: If the issue persists and your landlord hasn’t taken steps to address it, consider seeking legal advice. There might be legal avenues available to help protect your right to a smoke-free living space.
Remember, it's essential to approach the situation calmly and respectfully. Communicating your concerns and exploring available options can often lead to a resolution that ensures a better living environment for everyone.
To read more about what tenants can do when the landlord does NOT respond to their concerns, click here.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.