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Third hand smoke

Discussion in 'Commercial Landlord & Tenant Issues' started by Jenn Kovac, Jun 25, 2019.

  1. Jenn Kovac

    Jenn Kovac Law Topic Starter New Member

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    Hi there,

    My question is my current options would be based on the current situation I am in.
    I recently moved into a non smoking apartment building (they claim they always have been) however my apartment reeks of cigarettes. I complained of the odor and the apartment manager put an air purifier in the apartment for a day and it only temporarily resolved the problem. Based on how my landlords have been acting and the inability for me to live there due to the smell, I would like to break my lease and find another apartment as well as be completely reimbursed for everything. Since they didn’t disclose there was smoking previously in my apartment and they advertise as non smoking, could I state consumer fraud? Should I bring in a third party to prove there was smoking my apartment? How should I go forward with all of this.

  2. Zigner

    Zigner Well-Known Member

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    You should negotiate from the position of asking them for a huge favor. You *might* get out of the lease early, but you're not going to get "completely reimbursed for everything" (whatever that means.) Perhaps they can allow you to move in to a different unit?
    hrforme likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    I'm not really sure what this question means, but the situation you described is not "consumer fraud."

    I don't see how a "third party" could prove anything. If you're talking about inviting someone to corroborate your story that the apartment currently smells like cigarette smoke, you certainly can do that.

    The first thing to do is to talk with your landlord and tell him/her what you want and intend to do and determine if he/she is going to object. The best case scenario would be if the landlord isn't going to sue you for breaking the lease and agrees to return your entire security deposit. Worst case scenario is if the landlord sues and keeps your deposit. If you want the landlord to reimburse you for moving expenses, that's not likely to happen without you suing.
  4. mightymoose

    mightymoose Moderator

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    You didn't notice the smell when you inspected the apartment before moving in?

    I agree your best option may be to move to another available unit if there is one.

    If you are lucky they will release you from the lease, but don't expect reimbursement for anything.

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