Legal Question in Landlord & Tenant Law in Virginia
Can't breathe in my apartment anymore
I have lived in my present apartment for ten years. Last week, a new tenant moved in, and I began to notice a significant increase in my asthma problems. (I have severe asthma that was under control under they moved in.)
At first, I couldn't figure out what was causing the asthma to increase. I had to go to my doctor twice, which was a huge financial strain, but I had to breathe.
Tonight, when I walked into my apartment, I nearly gagged from the lingering smell of cigeratte smoke. After about ten minutes, I had a bad asthma attack and had to go back to the doctor.
After some investigation, I learned that the new neighbors are smoking constantly. The smoke must be coming up into my apartment. I'm at the point of tears because I can't live in this environment.
I've decided to search for another apartment, but in the meantime, I don't know how I'm going to pay my landlord his rent because I had to spend every penny (plus more) visiting my doctor because of the asthma attacks. Until I can find another apartment, do I have any rights here? Or, do the smokers get the rights? As I type this now, my lungs are closing up, and I don't know what to do. The landlord can't be paid, and I can't breathe here. Any feedback?
1 Answer from Attorneys
Re: Can't breathe in my apartment anymore
Assuming that the city or county where you reside has no local ordinances which would prohibit the kinds of smoke pollution which you've described, I'd say that you're very likely without a remedy---other than to move to another rental unit which offers less of the kind of air pollution which apparently triggers your asthma attacks.
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