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I was reading up on a few court cases and it seems that second hand smoke can be considered a breach of the lease based on the right for me to have "quiet enjoyment and habitability".
This is basically the paragraph I am basing this off of:
Even if the lease does not prohibit smoking, the landlord may have grounds to evict the smoking tenant if the cigarette smoke is truly troublesome and interferes with your ability to enjoy living in your own apartment unit. All tenants enjoy the right to "quiet enjoyment," a quaint-sounding legal principle that gives tenants the right to occupy their apartments in peace and also imposes upon them the responsibility of not disturbing their neighbors. (Some leases and rental agreements include a clause that spells out this principle, but it applies to everyone even if it's not in the rental documents.)
It's the landlord's job to enforce both sides of this bargain. If the neighbor's smoking makes your own apartment reek of cigarettes to a degree that seriously disturbs you on a daily basis, the smoking tenant is probably interfering with your right to quiet enjoyment. Again, you'll have to convince the landlord to take action, by asking the smoker to stop or face eviction. For more information on evictions, see How Evictions Work: Rules for Landlords and Property Managers.
Will I be able to take this to court in NYC? My lease specifically states that the building is fit for human living and there is no condition dangerous to health, life, or safety.
Instead of being so quick to take someone to court. You should contact your landlord, because that is what they are going to ask you in court did you discuss this with your landlord before the court date. I am sure any lawyer will also tell you to do the same thing. BTW Landlords do not like to be threatened with court with a issue they are not aware of.
Instead of being so quick to take someone to court. You should contact your landlord, because that is what they are going to ask you in court did you discuss this with your landlord before the court date. I am sure any lawyer will also tell you to do the same thing. BTW Landlords do not like to be threatened with court with a issue they are not aware of.
Just spoke to their landlord and she stated she will speak to them but whatever the tenants choose to do is their decision.
Having smoke enter my apartment 5 days out of the week is not cool.
Just spoke to their landlord and she stated she will speak to them but whatever the tenants choose to do is their decision.
Having smoke enter my apartment 5 days out of the week is not cool.
So the landlord says it's the smoking tenants choice? Then there is your answer/ Your landlord can't do anything legally to stop it. You can hire a lawyer but it's going to cost you.... and you may end up losing a lot of money for lawyers and taking time off to go to court. may be cheaper to move, Maybe the next person you move next to your or moves in after someone else moves will be a smoker too. Maybe buy a house would be your best best.
Your fight is with your landlord not theirs. He is the one who has failed to provide your "quiet enjoyment". Is this a condo or is the smoke blowing in your windows? Tenants don't sue other tenants in landlord tenant court.
Your fight is with your landlord not theirs. He is the one who has failed to provide your "quiet enjoyment". Is this a condo or is the smoke blowing in your windows? Tenants don't sue other tenants in landlord tenant court.
Pretty sure tenants can sue other tenants. If the tenant harmed or damaged something.
So the landlord says it's the smoking tenants choice? Then there is your answer/ Your landlord can't do anything legally to stop it. You can hire a lawyer but it's going to cost you.... and you may end up losing a lot of money for lawyers and taking time off to go to court. may be cheaper to move, Maybe the next person you move next to your or moves in after someone else moves will be a smoker too. Maybe buy a house would be your best best.
I don't need to hire a lawyer. I'd rather give them the choice of going to court and spending money on a lawyer/wasting time.
I literally taste smoke when I drink my water due to the fact that he just smoked outside 5 mins ago
Pretty sure tenants can sue other tenants. If the tenant harmed or damaged something.
You are suppose to be ignoring me and besides you don't know what you're talking about. Tenants do not have standing to sue other tenants in Part 52 for lease infractions. We are talking about so called "quit enjoyment" aren't we? This is strictly a Real Property term. OP do you have the same LL?
You are suppose to be ignoring me and besides you don't know what you're talking about. Tenants do not have standing to sue other tenants in Part 52 for lease infractions. We are talking about so called "quit enjoyment" aren't we? This is strictly a Real Property term. OP do you have the same LL?
I don't need to hire a lawyer. I'd rather give them the choice of going to court and spending money on a lawyer/wasting time.
I literally taste smoke when I drink my water due to the fact that he just smoked outside 5 mins ago
your first post you asked if you can take this to court... RIGHT?
Well if your going to court then you need a lawyer and if you need a lawyer you need money and if you need to attend court you need to take time off from work, if you do have a job or a job that would interfear with your court date.
Well like i said in my first post to you. you can move and end up with another smoker. Just a suggestion maybe you would be better off in a house. Good Luck and Good bye
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