Legal Question in Landlord & Tenant Law in Pennsylvania
What can I do about smoking neighbors making me sick
My upstairs neighbors (in apt bldg) have within the last six months started smoking almost constantly and heavily.
I have serious physical problems and am on disability after 30 years of working, and this smoke and the smell which pours into my apartment has been causing my physical problems to worsen. My doctor considers me to now be living in an environment that is detrimental to my physical health. I also now have an almost constant sore throat, trouble breathing, a hacking cough and nausea. My landlords tells me that tenants have a right to smoke in their own apartments. My first question is do they have a right to endanger my health and well-being by doing so?
My lease does not state that this is a NS bldg. However when I moved I was led to believe that it was by signs on all the doorways that said No Smoking. (Note: These signs have since been removed.) It has been suggested to me that I get an air purifier unit. They are expensive and I cannot afford one. Thus my second question is shouldn't the containment of the smoke to the smokers' apartment and/or keeping it from harming others be their responsibility rather than mine? Could you please tell me what my options are in this situation? Thank you very much.
1 Answer from Attorneys
Re: What can I do about smoking neighbors making me sick
You said it yourself. There is nothing in your lease that says you're in a non-smoking building. Signs on doorways and hallways of an apartment building that say "no smoking" generally refer to the hallways, not the apartments, in which people may do as they please, so long as there is not a lease provision to the contrary.
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