Moved into Apartment Recently; Unbearable Food Odor and Poor Conditions

My question involves landlord-tenant law in the State of: North Carolina

Two weeks ago I moved into an apartment complex. Prior to signing the lease I asked to see the apartment, and I also asked immediately after signing the lease. Both times I was ignored or given an excuse as to why I couldn't see the apartment. The following day when I moved in, I noticed a curry odor inside the apartment that was very overwhelming. I immediately told the landlord, who said they would use an odor bomb to get rid of the odor. After a few days of nothing happening on their part, I contacted them again and they set off two odor bombs in the apartment. After a few hours the odor bombs had dissipated and the curry smell was just as strong as before. I spent a great deal of time trying to clean the kitchen/living room/dining room areas, where the smell was most significant. I followed almost every description I could find online (febreze, baking soda, cleaning everything with deodorizer and cleanser, boiling vinegar for several hours and airing out apartment, cleaning everything with enzyme-based microbial cleaners). NONE of these have worked. I even requested a second round of odor bombs to be set off, which they said they performed, but no paper work was left behind in my apartment and no empty odor bomb canister was there either. On top of this the apartment was in fairly poor condition when I moved in (mold under kitchen sink, kitchen surfaces covered in grease, cracked window, giant millipedes showing up). I took pictures and video of all the things that were in poor condition and the infestation. Due to the smell alone, I haven't been able to spend a single night in the apartment.

I have laid out all the details I mentioned above in a letter to the landlord/manager, along with specifics as to how I attempted to get rid of the odor, and stated that I would like to be let out of my lease without any negative repercussions. I spoke with someone who said this could possibly be a case of constructive eviction, but I am waiting to hear back from the landlord to see if they are willing to work with me. If not, I plan to vacate the premises and file a suit for constructive eviction.

I'm wondering if anyone else has ever dealt with a similar situation, how they went about resolving it, and if they have any tips as to how I can make this work in my favor. I appreciate any help and suggestions! Thanks!

So, you still signed the lease even though you requested to see the unit prior to signing the lease. Why would a person sign a lease for an apartment without viewing the actual unit being considered?

I take it you are not a lover of Indian cuisine.



part of the problem with any odor is you have to get rid of or clean what is harboring the odor. That can be anything and everything in an apartment. The grease would be a good first place to start. Then, anything that can absorb odors must be cleaned or sealed. That means anything soft like curtains, carpets, etc must be cleaned. I suspect one would have to paint anything that can be painted to seal the odor as well. I would not expect a new tenant to have to undertake such a process. That is something the LL should have dealt with prior to letting out the unit.

I am not sure the apartment smelling of curry would be seen as constructive eviction. I understand it can be quite bothersome (had a friend that lived in an apartment where the neighbors apparently loved curry. Friend was not happy) but not sure it reaches the level of constructive eviction. You could always try but no promises.



Not sure what you intend on doing when you do this:

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file a suit for constructive eviction.

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You would use that as a defense if the LL either sued you for a breach of your lease or refused to refund your deposit usually. While you could actually sue seeking a declarative ruling, generally one would use that as a defense if sued for a breach of contract or if the LL refused to refund your security deposit.

I was shown a model apartment at the complex when I first visited. I had also moved for a job and didn't have anywhere else to live at the time. I actually do like Indian food, but this odor bears little resemblance to that smell anymore. It's like someone took old grease mixed with spices and smeared it into everything. Most of the solutions I've read about to get rid of the smell require priming everything to seal in the odor, like you mentioned, and repainting. But at this point the smell is also embedded in the kitchen cabinets and has started to permeate other things in the apartment (anything made with fabric). There were also a number of things I had listed on my move-in condition sheet which they haven't fixed yet, such as cracked window panes, leaking AC coil, etc.