Karen Hamilton    |    Portland    ,    Maine 04101    Landlord Complaint 20-0469

We clearly stated before signing a lease that our daughter has severe respiratory issues and was recently hospitalized in ICU and that wherever we lived must be no smoking. Karen Hailton assured us that the tenants on the 2nd floor smoke occasionally and only outside. That is not the case. Both floors above us smoke ciagrettes and/or marijuana, one of which Karen Hamilton lives on. When I addressed this concern to her she stated they only began smoking in the winter last year (shows her dishonesty further) and she would ask them to stop. The smoke did not improve and the marijuana smoke grew stronger. I have emails dating back to 9.18.09 that show we clearly tried everything we could to work around them: cold air humidifiers, a/c units, fans, a very expensive BlueAir purification system recommended by our child's allergist to specifically combat smoke and cover the square footage of our apartment. We again addressed the smoke and were told "they have lived here 10 years I can't ask him to stop smoking pot." We have letters from her allergist and pediatrician that state is is detriment to her health to be aroung marijuana and cigarette smoke. I have nearly 12 witnesses that have smelled the smoke and seen the haze in the hallways due to all of the smoking. We feel in is more than fair to ask for our deposit back immediately given that Ms. Hamilton knows we need the money to pay for moving expenses. Expense we have incurred because she refuses to stop the smoking. We are not asking for moving expenses and reimbursement for the air purifier which some may feel were expenses only incurred due to Ms. Hamilton's refusal as well. Even today, knowing our daughter has pneumonia right now the male tenant on the 2nd floor came home to smoke marijuana at noon. We are happy to schedule a walk thru with Ms. Hamilton on 2.1.2010 and ask that she have our check ready to give to us immediately.