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Old 02-18-2011, 07:17 PM
 
24 posts, read 38,284 times
Reputation: 18

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Hi everyone-

my husband and I moved here last week. Because we were moving so quickly and couldn't get the time off, we had to rent a house through an agent, sight unseen, other than the MLS photos. When we arrived here Friday, I kept thinking I smelled smoke. I thought that was impossible because in the lease we signed there was to be no smoking allowed. The longer we were here, we knew the previous tenants were smokers. There were 8 Glad plugins throughout the house and once they were removed, it was unbearable.

I am allergic to smoke and becoming sicker everyday that we're here. We contacted the agent and the landlord-the response in essence was "Oh well, you signed the lease." My question is two fold: 1. Does anyone know a good tenant law lawyer?We need to know if we have any recourse. You'll probably have to direct message me. 2. Any tips for getting the smell out of the house? We've had the carpet cleaned, are having the furnace and ducts cleaned, washing walls and using Kilz on the master bedroom.

After living the last 2 years in a single wide trailer on the Navajo reservation, I was really looking forward to having a house again. This is so frustrating.

Thanks for any help.
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Old 02-18-2011, 08:22 PM
 
262 posts, read 841,184 times
Reputation: 69
Renters' Rights & Tenants' Rights - Free Law Resources - Nolo



Quote:
"Non-smokers with serious breathing disabilities or smoke allergies have legal protection under the Americans with Disabilities Act, the federal Fair Housing Act, and the Maine Human Rights Act. If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented."
http://www.google.com/search?q=renter%27s+rights+smoking&ie=utf-8&oe=utf-8&aq=t&rls=com.yahoo:en-USfficial&client=firefox#hl=en&client=firefox&rl s=com.yahoo:en-USfficial&&sa=X&ei=uThfTf7DDcKclgf3zaGkDA&ved=0C BsQBSgA&q=renters+rights+smoking&spell=1&bav=on.1, or.&fp=5e2b21bd614e0a97
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Old 02-19-2011, 06:32 AM
k8p
 
141 posts, read 395,140 times
Reputation: 75
I am so sorry you're dealing with that. it is my worst nightmare as we often rent homes sight unseen. The link above looks promising. I wish I had advice for you too. Best of luck.
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Old 02-19-2011, 01:12 PM
 
2,879 posts, read 7,779,962 times
Reputation: 1184
fry some fish, do some thai stir fry............
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Old 02-19-2011, 01:13 PM
 
230 posts, read 758,193 times
Reputation: 87
I have read that the use of a ozone generator is very effective in removing cigarette smoke. You may want to contact a local fire/smoke restoration company, such as SERVPRO, and see if they possibly use them. We had a similar problem last year when we rented an apartment for our daughter near the campus of VCU in Richmond. The previous tenant was a heavy pipe smoker and the apartment REAKED of smoke!! It was absolutely awful! I did extensive research on the internet and found out that the use of ozone generators is very effective in removing smoke and many realtors use them before trying to sell or rent property. I contacted the apartment management company and requested that they get someone to use one. They had a contractor come in to take care of the problem right away. I assume they used a ozone generator because the smell was definitely gone afterwards. We were very lucky to have an apartment management company that was very willing to resolve the smoke problem and pay for it!
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Old 02-19-2011, 01:17 PM
 
Location: In the woods
3,315 posts, read 10,091,820 times
Reputation: 1530
The landlord knew--that's why there were so many plug-ins.

Unfortunately, cigarette smoke can seep into areas that you cannot reach--the subfloors, crevices, parts of the window, and parts of the heating system. if you're general cleaning isn't working, the landlord needs to contact a professional cleaning service--the kind of group that cleans up a house after there's been a fire--stuff like that.

BTW, if you're using Kilz, there are 3 types--you'd need the strongest. I think there's something stronger in the market (Kinzer?).

Otherwise, you might need to move.

It's too bad that your first home here really stunk
Anyway, good luck with everything!
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Old 02-19-2011, 01:32 PM
k8p
 
141 posts, read 395,140 times
Reputation: 75
Quote:
Originally Posted by LVMYDACH View Post
I have read that the use of a ozone generator is very effective in removing cigarette smoke. You may want to contact a local fire/smoke restoration company, such as SERVPRO, and see if they possibly use them. We had a similar problem last year when we rented an apartment for our daughter near the campus of VCU in Richmond. The previous tenant was a heavy pipe smoker and the apartment REAKED of smoke!! It was absolutely awful! I did extensive research on the internet and found out that the use of ozone generators is very effective in removing smoke and many realtors use them before trying to sell or rent property. I contacted the apartment management company and requested that they get someone to use one. They had a contractor come in to take care of the problem right away. I assume they used a ozone generator because the smell was definitely gone afterwards. We were very lucky to have an apartment management company that was very willing to resolve the smoke problem and pay for it!
totally forgot about the ozone machines. One time, when we were young and stupid, we decided to smoke cigars in our basement. Not smart. We bought one of those machines at Brookstone and it did take the smell away.
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Old 02-19-2011, 01:47 PM
 
Location: Brambleton, VA
2,186 posts, read 7,944,713 times
Reputation: 2204
Yes, you can rent an ozone machine, but personally I would go to the landlord and ask for the carpet to be replaced and the walls to be repainted because frankly getting that smell out even with the Ozone machine is extremely difficult. I don't know if you have a legal case unfortunately, but it would all depend on the contract that you signed. I would be very unhappy too if I was in your situation.
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Old 02-19-2011, 02:07 PM
 
Location: Sterling, VA
1,059 posts, read 2,963,506 times
Reputation: 633
Call the agent's broker to ask his/her help. If you do not know the agent's broker, pm me and I will find it for you. If no help from the broker, call the association the broker belongs to and ask for help. Again, I can find that out for you. Did you tell the landlord's agent you were allergic to tobacco smoke?
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Old 02-19-2011, 05:52 PM
 
2,737 posts, read 5,457,254 times
Reputation: 2305
Don't forget to clean the window coverings. A lot of the smell resides there.
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