My landlord who lives upstairs smoke in the house all the time and its bothering me. What should i do?
In my lease was mentioned that I cant smoke in the house
- 5 months ago
You can first have a word with your landlord and let him know its causing trouble to you. If the landlord still continues doing the same then you can file a suit against him.
- sunshine_melLv 75 months ago
Your lease prohibits smoking - but he doesn't heave the same lease restrictions.
- Common SenseLv 75 months ago
I can understand that because your lease stated that you could not smoke, you just naturally assumed it was a smoke free environment. But, the wording is kinda tricky because it says YOU cannot smoke, not that there is NO smoking in the entire dwelling. I would think the same as you thought, a smoke free environment.
However, the lease only pertains to you, not everyone else in the dwelling.
I would have my doctor write a note that due to medical reasons, you cannot live in a smoker's house and he recommends that you move. Present that to the landlord and see if you can get out of your lease, stating that you mistakenly were under the impression it was a smoke free home because otherwise, you would have never rented the unit to begin with.
This is such a pity because you were mislead. However, I have to wonder about something. Like most people, especially those who dislike cig smoke, I can smell smoke on people and can tell if a house contains smokers. I am curious as to how you possibly missed that your landlord smelled of smoke and how you did not recognize that he smoked in the house.
- Anonymous5 months ago
You can still sue him for the smoking damage that it does to you. Anyone can sue anyone for anything, so you can still sue him in a non rental capacity. It would be a lawsuit that has nothing to do with your rental agreement. It would just be sort of neighbor to neighbor. Just because it's his property doesn't mean that he doesn't have to be a good neighbor and it doesn't mean that you don't have any rights. Start collecting evidence write him official notorized, certified letters, make your make your grievances known and if he doesn't respond take him to court. If he tries to evict you because of it it'll be retaliatory. You can also show that he's in violation of his own rules. These people telling you that you have no rights and that the landlord has all the rights don't know what they talking about. A landlord is not the All Powerful Oz. They're subject to the law also.. Start by writing a friendly letter and keep in mind, your landlord is not your master.
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- babyboomer1001Lv 75 months ago
Tough luck. You didn't ask about it being a no smoking home, did you? The owner/landlord can do whatever he wants in his house and disallow you all he wants. Next time, ASK questions if it means so much to you.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- 5 months ago
Your lease is terms that apply to YOU. He can smoke in his own home all he wants.
- SimplytheFACTSLv 75 months ago
as long as your lease does not promise a no smoking BUILDING, you can't do anything until your lease expires, and then you can move.
LL is allowed to smoke but prohibit tenants
- JudyLv 75 months ago
saying YOU can't doesn't say HE can't. nothing you can do about it.
- blue skyLv 55 months ago
MOVE' and buy yourself a tent
- JimLv 75 months ago
1. You should move out.
2. The landlord can do anything they want in their own house.
3. No, they do not have to allow you to do the same things.