Legal Question in Landlord & Tenant Law in Georgia
Neighbors & curry - Help!!!
I live in a typical apartment complex. My neighbors in the apartment below me cook enormous amount of curry. The smell travels into my apartment and is EXTREMELY offensive. The power of the smell is so intense it makes me gag. The smell is being absorbed into everything I own - clothes, furniture, electronics, and mattresses. I have asked the landlord to do something about the neighbors who cause this problem and they have failed to do anything about it. I am at my wits end and cannot take this anymore. The curry is so strong it can make your eyes tear and wake you up from your sleep. Does the landlord have the right to tell these people they have to stop cooking with curry? What can I do? What are my rights?
1 Answer from Attorneys
Re: Neighbors & curry - Help!!!
Technically, the issue is a nuisance issue between you and the neighbor. Besides, physical trespass, a neighbor may also commit a trespass with noise, light or smell. So, the landlord is probably not responsible; however, you can make an argument that the smell precludes you from quiet enjoyment of your apartment and that that is a breach of the lease. Additionally, the landlord may allow you to move within the complex.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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