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Skunk smell Quiet Enjoyment

Discussion in 'Other Residential Landlord & Tenant Issues' started by kdavis, Sep 20, 2016.

  1. kdavis

    kdavis Law Topic Starter Guest

    There is no smoking policy, you can smoke in Apt. but is the strong skunky smell fills my apt almost constantly from the apt below me
    Does federal law trump state law? Could this be a lease violation ?
    Apt Manager says nothing they can do about it
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If there is a no smoking rule in the leases and the smell is cigarette smoke, the landlord certainly can and would be responsible to do something. It would be a violation of the lease terms and there are a number of legal theories that can also be used for a civil lawsuit - but let's get to the practical, real world situation. Unless the smell is clearly cigarette smoke, you may face an uphill battle. Common to any apartment building with multiple ethnicities is the issue of cooking. The smell of spices, ingredients and other foods can waft between thin walls and be unpleasant to others from a different background. The odor may not be a violation of your lease. Your practical remedies would be to (a) purchase an air freshner, air purifier and some other mechanism that will reduce the effect of the issue; or (b) find another place to live that has thicker walls or a different clientele.

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