If I own a condo and my doorstairs neighbor rented theirs to a chain smoker, what to do if have severe lung issues and the smoke fills my unit as well as theirs?

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If I own a condo and my doorstairs neighbor rented theirs to a chain smoker, what to do if have severe lung issues and the smoke fills my unit as well as theirs?

Asked on August 24, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless your lease promised that the building was smoke free, you most likely do not have any recourse: in the absence of a limitation or restriction in a lease, people may smoke in their own homes. Thus, the downstairs neighbor may lawfully smoke; and if your lease did not promise you a smoke-free residence, you would have no right to terminate the lease or take other action due to the smoke.


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