http://www.rentalprotectionagency.com/tenant-rights/landlord-violating-anonymity-of-complaint-0 Sat, 16 Oct 2021 17:50:16 +0000 hourly 1 https://wordpress.org/?v=4.2.38 http://www.rentalprotectionagency.com/tenant-rights/landlord-violating-anonymity-of-complaint-0#comment-29847 Tue, 08 Mar 2011 19:18:27 +0000 http://www.rentalprotectionagency.com/blog/renter?p=2561#comment-29847 Hi Spot:
I am currently in the same situation and came across your post while researching my rights as a tenant. From what I have found, if it explicitly states in the lease that your complex is a non-smoking building and that any violation of this will result in a violation of the lease agreement, then the landlord can evict that individual. It seems your landlord did not do so, and gave them a “second chance” rather than spending money and time on evicting them. I can tell you from my experience, that it sounds like 1) the person living below is not going to stop smoking and 2) your landlord will probably not evict them. You may have the right to “break” your lease, but it will have to be resolved though the courts- which will cost you money. You also may be entitled to some sort of financial award since you have a legitimate health condition. I think it depends on the state and the judge. My advice is to have everything in writing- keep a “paper trail” of all of your correspondence regarding this matter-even if it is through email, but preferably certified letters. This is the evidence that you had explained your concerns and that the landlord was well-aware of them. With my situation, the person below us is still smoking, and now WE look like we are the problem as the landlord apparently has become tired of hearing our complaints and has become rude and dismissive- instead of the landlord taking care of the initial problem by evicting the smoker, it has escalated to us looking for a new place to rent and contemplating court ourselves. Good luck to you and your situation!

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