Can I move units in an apartment complex due to smokers above?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I move units in an apartment complex due to smokers above?
I currently live in an apartment where the tenants above me smoke heavily and it filtersiInto my apartment below. There is no smoking policy so management can’t do anything about it but said I could move units at a cost of $300. I just don’t want to be exposed to the second hand smoke. Is there anyway I could move for free instead of paying the fee since this could be a health hazard?
Asked on January 13, 2012 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you may not move for free, and you're actually fortunate management is willing to move you for such a low cost. People are allowed to smoke in their own homes; it is not considered a nuisance or a health hazard in that regard. Therefore, the landlord is under no obligation to move you or allow you to move apartments, and if they choose to let you do this, they may impose conditions or charges if they like.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.