Results 1 to 3 of 3
  1. #1
    Join Date
    Aug 2008
    Posts
    7

    Default Upstairs Neighbor Smokes Causing My Apartment to Smell Like Cigarettes

    My question involves landlord-tenant law in the State of: MO
    Hello,
    I have a question, I have been living in St. Louis in the same place for over 2 years. This is a multi family house, I’m not from the Midwest so I’m not familiar with slingshot apts. basically it seems that the house/building was split in 4 apt, two upstairs and two downstairs. I live in one of the downstairs units. This experience has been a nightmare overall and I still stay here because the place has a pool.

    Recently, a new neighbor moved upstairs, since then every time I come home my place smells like cigarettes, I don’t smoke, I don’t enjoy the smell and I don’t enjoy second hand smoke either. I asked the landlord to tell the new renter to please smoke outside since the smoke is getting to my apt. The landlord replied that the two previous neighbors smoked, I replied back that I don’t recall coming everyday from work and had to walk out to my house sticking like cigarettes and didn’t recall waking up with a sore throat either.

    What type of recourse do I have other than moving. Can I tell the landlord that I’m opening an escrow account and that I will be depositing rent there until he fixes the problem?

    I would assume that as a landlord I wouldn’t want people smoking inside.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: New Neighbor Upstairs Smokes Inside My Apt Below Smells Like Cigarettes

    Was the building presented to you as a non-smoking building? Was it advertised as such? Is it in your lease?

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: New Neighbor Upstairs Smokes Inside My Apt Below Smells Like Cigarettes

    Unless your lease promises you that the building will be smoke free your only recourse is to move. Smoking is a legal activity and unless the landlord's lease with the tenant bans smoking the landlord cannot do anything to restrict the tenant's ability to smoke in the unit. If your lease does not restrict you from smoking then the chances are that the lease the landlord has with this smoking tenant does not have such a restriction either and that leaves the landlord without any ability to force the tenant not to smoke there. All the landlord could do is refuse to renew the lease after the lease term ends. And the landlord has no legal obligation to make the place smoke free so he or she is not obligated to take any action over this based on your complaint. For that reason when I rented apartments I looked for smoke free buildings. If you don't do that there is the possibility that you'll encounter smoke that you don't want.

    So move to a different place that has a pool and is a nonsmoking building if you want to avoid encountering unwanted smoke.

    1. Sponsored Links
       

Similar Threads

  1. Quiet Enjoyment: Downstairs Neighbor Smokes Medicinal Marijuana, Smoke Permeates My Upstairs Apartment
    By Kit Shane West in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-01-2013, 10:35 PM
  2. Quiet Enjoyment: Treadmill in Upstairs Neighbor's Apartment
    By AnthonyT in forum Landlord-Tenant Law
    Replies: 15
    Last Post: 05-11-2010, 10:01 AM
  3. Repair and Maintenance: Foul Smell in Apartment
    By Aciphex in forum Landlord-Tenant Law
    Replies: 12
    Last Post: 04-12-2009, 05:21 PM
  4. Vandalism and Mischief: Misuse of Matches / Cigarettes Causing a Fire
    By gretothedoubleg in forum Criminal Charges
    Replies: 1
    Last Post: 11-20-2008, 11:48 AM
  5. Quiet Enjoyment: Upstairs Neighbor in Condo Causing Private Nuisance
    By ctinaw in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 06-11-2006, 05:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources