What can I do if I currently live in an apartment with one other person and they bought a cat knowing that I am severely allergic to cats?

She bought a cat about a month ago and has been keeping it in the apartment. I am allergic to cats and have allergy induced asthma. She knew this prior to buying the cat. I have been having breathing problems ever since she bought the cat and I have used my emergency inhaler more times this last month than I had all of last year. My breathing just keeps getting worse and worse. Now, I can barely tell a difference in my ability to breathe after I use my emergency inhaler. I’m afraid that soon I will have to be taken to the hospital to get treated on a regular basis. My property manager says she can’t do anything because we are on separate leases. Is there anything I can do?

Asked on February 20, 2015 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, there is nothing that can be done unless her lease is a no-pets lease, in which case, you may be able to enforce that lease against her as a third party beneficiary of the lease agreement or, more likely, force the landlord to enforce it against her because the breach is depriving you of peaceful enjoyment. But without a no pets clause or provision, she is legally allowed to get a cat, even if her roommate is allergic.


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