Legal Question in Landlord & Tenant Law in Arizona

tenant exposing me to secondhand smoke in structurally defective building
I bought a condo-conversion 6 yrs. ago. Tenant below my unit smokes and it permeates into my unit. Based on many inspections, building has structural/architectural defects which allow the penetration of ETS. I am on disability and home quite often as is the tenant who smokes continually. My HOA, her unit owner and their prop. man. co. will not help me. I have submitted very organized letters, documents, logs, etc... requesting a meeting and that is even denied. Although I have no money, I need to hire a sealing contractor to remedy the situation in the mean time. It is imperative that I have an attorney help me in expressing what needs to be done ASAP via a letter, etc...or they will be held legally liable for nuisance, warranty of habability, emotional distress, etc... This is causing me such trauma that I can't eat, sleep and suffer labored breathing problems, migraines, sore throat, coughing bouts, heart pain, eyes burning/watering, nose running and chills to name a few continual symptoms. I was also told that there are electrical problems. The prop. man. co. never notified. In addition, I am also being exposed to a plastic burning smell that is making me sick. Strange activities go on into the late night. Please help!

Asked on 6/12/06, 9:22 am

David Anderson Anderson Business Law LLC

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Re: tenant exposing me to secondhand smoke in structurally defective building

Was it advertised as a Non-Smoking bldg?

Answered on 6/12/06, 9:59 am

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