Legal Question in Real Estate Law in Pennsylvania
Rental properties
I am renting the bottom apartment of a house and am a non-smoker. The lady renting the top of the house is a smoker. My apartment smells terrible when she is home and I feel that it is unfair that I be subject to second hand smoke. On the other hand, I feel it isn't fair to ask her to not smoke in her own home. Is there an amicable solution to this problem? I quit smoking in 1988 for health reasons.
2 Answers from Attorneys
Re: Rental properties
If this bothers you so much, terminate your lease if possible and move out....why would you want to stay in an apartment that reaks of cigarete smoke? Contact your landlord or retain an attorney, your choice.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, PC
412.731.0865
www.AlleghenyAttorneys.com
Re: Rental properties
This is an ongoing issue in offices, and in multi-unit housing such as apartments, condominiums, etc. The smokers are in retreat - with no smoking bans common in office buildings, restaurants, even bars. And yet so far, a man's home is still his castle, and smokers are still allowed to smoke in their homes. For your particular situation, if your units share common ventilation, then perhaps that is why the smoke is infiltrating your unit. Your choices are few - you can explore physical changes (filters, insulation) to try to block the smoke if you can figure out how it is migrating. You can reach some accommodation with your neighbor where she will only smoke at certain times or places (unlikely). Or you can move to an apartment complex that enforces a no smoking policy.
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