Legal Question in Landlord & Tenant Law in Iowa

I live in an apartment. New neighbors just moved in. Two of the three and possibly the third are smokers. Our balconies are next to each other and all day long the two come out and smoke. The balcony of this apartment is very nice and I usually spend several hours a day on it. I've spent a lot of time and money making it comfortable. Since they moved in I've not been able to spend more than a few minutes at a time on it. So I consider the smoke a genuine nuisance and it prevents my enjoyment of my apartment. The smoke also enters my main window which is the balcony door. I can never open it even when the apartment is hot and it's cool outdoors.

I've complained to the landlord many times about smoke. They don't allow it in common areas of building but it is not a smoke free building. The management claims it's outside and there's nothing they can do about it. Moving would be very difficult and emotionally taxing. What should I do?


Asked on 8/19/12, 1:18 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

What you should do is move when your lease expires.

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Answered on 8/21/12, 10:36 am


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