My question involves landlord-tenant law in the State of: New Jersey
My problem: smokers in unit below mine, smoke travels up
Did what I could to plug every spot I could find but it's impossible to stop the smoke from infiltrating my apt.
It even comes up through/ along side the plumbing pipes.
Landlord is nonchalant, perhaps thinks time will take care of it: I'll either move or live with it.
Can't comprehend why he is not taking steps to protect his property. The smoke is bad news for the unit.
Landlord's lawyer says smoke is not a nuisance (what???).
Landlord is phasing-in a smoke-free policy (all new tenants' lease prohibit it) but says can't do it to current residents even with notice. Is it correct?
Offending party says they have the right to smoke since their lease doesn't prohibit smoking in the unit and refuse to stop or be relocated.
Can the landlord effect a lease-amendment because of this situation for an existing tenant?
Can the landlord terminate their residency with cause based on the info above? If he did and they called his bluff or simply refused to leave, would it hold-up in court in the subsequent suit to evict?
To me the smoke is a health hazard, a nuisance and violates the warranty of habitability and is a breach of the covenant of quiet enjoyment. Don't know how else I can make this any clearer to the landlord.
1) What strategy would you use if you were me?
2) What strategy would you use if you were lawyer working for the landlord with a desire to cure or terminate?
3) How hard can I push back against the smokers (is pounding on their door at 3 AM when I smell it to confront it legal?)
4) How hard can I push the landlord without harassing? What if they simply start ignoring my communications?