Legal Question in Personal Injury in Ohio
We live in an apartment complex on the 1st Floor. We have been smelling strong pot smoke coming through the vents from the upstairs neighbors whenever they are home. I have contacted the Apartment Complex Manager, and she said they cannot prove anything. I have a history of seizures and cannot be around any kind of smoke. I called the local police here tonight, since there was a very strong smoke smell right after they came home from work. Once again, they did nothing but knock on the door, no answer, so the cops left. I know they were upstairs because we heard them walking around. I am at my wits end, is there anything that I can do? Any information would be helpful. P.S. We have lived here over 1 1/2 years, and didn't smell it until the upstairs neighbors moved in. Sincerely, Sherry Kamphus
1 Answer from Attorneys
You have several options. The most important issue is your health and the landlord has an obligation to take reasonable steps not ot permit an unsafe or illegal activity to occur or continue to exist on his property that threatens you or your health and well-being.If he fails to take action you have the right to move out and let him know if he does not take action to abate the unsafe condition you will have no alternative but to terminate the lease. I am surprised that the police did nothing. I would call again and make sure they know that this is a continuing course of conduct in the apartment above you and that you have a health condition. If the police continue to ignore the problem contact your local proseuctors office as the police have a duty to enforce the law and if they know you have a medical condition and they fail to enforce the law you have rights arising from that. I would write to the landlord and demand he take action immediately otherwise you will have to consider your options including terminating the lease as the tenants conduct is illegal and causes you health concerns and problems. Hope this helps.
Howard Mishkind
www.mishkindlaw.com
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