Legal Question in Landlord & Tenant Law in Massachusetts
Tenant question
Currently, the odor of Curry and Incense is filling my apartment throughout the day and night. My wife and I wake up in the middle of the night to this aweful smell. We have to close doors to certain rooms, put towels under those doors, our clothes smell of curry, but the management team said we have to live in someone else's environment. It is making us nauseous day and night. My eyes constantly water due to this odor. We feel that we are not getting full use of our apt., that it has become inhabitable. Do we have any rights as tenants for this invasion of our living environment?
2 Answers from Attorneys
Re: Tenant question
Cooking odors and incense are not normally seen as a basis for terminating a tenancy -- a breach of quiet enjoyment. The landlord cannot refuse to allow tenants to enjoy their reasonable ethnic tendencies.
Re: Tenant question
I would partially agree with the first response to your question. However, if it is beginning to affect you physically, then I think you have a reason for terminating your tenancy. Make sure you are able to document the situation however. Do this by getting objective witnesses to experience the odors on diverse dates (you may already have this). Produce affidavits and send a notice to your landlord.
It also depends upon issues in your lease however. I would make sure you contact legal counsel before taking any steps.
Related Questions & Answers
-
Landlords and rent how often and how much can a landlord up the rent? Asked 8/14/07, 5:52 pm in United States Massachusetts Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
