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They will let us out of our lease, but now the problem is the cost of moving, and the larger problem is that I believe that our furniture may be ruined. Maybe I am wrong in assuming this, but it seems that the tennant has the right to smoke, but not to the point where it is bothering the neighbors. You have the right to play music, but not so loud that it is damaging the health of others, right. They have been to the apartment below ours and they say that there is a very thick cloud of smoke in the apartment. The maintance man even said that he had to open the windows and doors in the apartment for about 30 minutes before he would do any work in there.

The management said that they have never seen such smoke in an apartment and they own many large apartment complexes. If I were throwing loud parties and kicking in walls I would be evicted, but if I damage an apartment to the point that the smell will never come out, and I am making my neighbors sick, I am ok. This makes no sense to me.

I have had people and students at my school ask if I started smoking becuase they can smell it in my clothes.

Can we sue for damage to our property and health.

Any one have any more insight. Thanks Allah, busty, kneebar, dyhone.

Something similar happened to me in the past when I lived in an apartment. I actually went to a lawyer, due to my neighbor's loud music, and the fact that the landlord would not do anything about it. The lawyer advised me first to move, and that sadly little could be done to rectify it, as the legal fees would outweigh the cost of moving, etc. and that nothing would come of it unless you sued the neighbor personally in small claims. It's been my experience that you should probably cut your losses, however unfair, and move.

Ugh, Andrew, I'm so sorry you and your wife have to deal with this. I think Kenny's suggestion is a good one that may save you some of the cost of moving-- move to another apartment in the complex. At least that way you won't have to pay for a truck, etc. What a shitty and selfish thing for your neighbors to do.

They want more money for the same apartment at the complex becuase prices have raised or incentives have changed.

Get your neighbors back. Pee under their door. A lot.

Ask your neighbors to smoke outside because it's getting into your apartment and ruining your life. Be very, very nice and explain you lived their first and they are now infringing upon you - give a sob story. If they don't comply, all out WAR!

Drill a hole in your floor the same OD as of a tube from a chemistry set. Put equal parts sulfur and wax in a triangular test tube. Stopper with a hole and tubing into hole in floor. Heat test tube periodically from day to day. Rotten Egg Gas is what it's called. They will be gone in a week!

It sucks to say andrew but I think you are screwed on this. You need to either try and negotiate with the land lords to move to a new unit. or spend some money and move. That is one of the problems with a multi level aparment units like yours. Nowadays they are building the complexes so cheaply that smoke, and other smells/noises travel through walls v ery easily. I feel that the advise i have givin you would be the best way to deal with this. good luck

Andrew, no lawyer is going to take a case to sue your neighbors unless you pay a hefty fee, because there won't be enough money in damages for them to want to take the case on a percentage basis. So your only option is small claims court, and I question whether you would be successful there. Additionally, if you were to take your landlord to court, the court would likely just force them to let you out of your lease without penalty, which they have already offered to do. So the only other option besides cutting your losses and moving is to pay your rent into escrow and force your landlord to fix the leak(s)--if that is possible. I hadn't thought about the fact that it could be coming from many places other than where ducts and pipes run between floors when I pm'd you before. It could also be coming in behind the drywall, through the spaces around your elecrical outlets/switches--all over the apartment. It may not be easily fixed or able to be fixed at all...

I'm so sorry you have to deal with this.

This makes no sense at all that smoke from an apartment below you is entering your own apt. Especially as it is a new building. Is there a shared HVAC system? Do you typically smell what's for dinner when they are cooking? How could you not.
That alone would make most people move. The fact that it's even possible means you are living in a unit that does not comply with the code and the codes exist for safety. I'd move.