Legal Question in Landlord & Tenant Law in Texas

My Smoker neighbor is slowly killing me. Management says ''Too Bad''.

I moved into my apartment August 2002. My neighbor moved in November 2002. From the day he moved in it was apparent he was a smoker, I smelled the cigarette smoke in my entire apartment that same day. In 4 months of living here i had never smelt anything before. My apartment since then has never stopped smelling like a bar and I have consequently developed asthma and my existing allergies have worsened. Management tells me there hands are tied they changed out my air filter once and bought him a few electric air purifiers, which must not work or he doesn't use, because I still smell and breathe the second hand smoke daily. It's to the point I don't even want to be at home anymore. I am constantly sneezing and sick with allergies. I can't afford to move right now and they won't tell him to stop smoking because they say they can't. Is he imposing on my right to quiet enjoyment? I was told by management that he wasn't. Also, isn't it against the law to poison people, because in a sense that is what he's doing to me. Your take and advice is greatly appreciated.


Asked on 4/20/03, 11:48 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: My Smoker neighbor is slowly killing me. Management says ''Too Bad''.

Interesting. This is a first. Being a non-smoker I am with you! Unfortunately, I think realistically management is right. You may be able to get them to relocate you within the complex to an apartment with non-smoking neighbors. The cost to litigate this issue would be greater than your cost to break your lease and move...and you probably would lose.

Read more
Answered on 4/21/03, 12:18 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas