Posted by TenantNet on April 01, 1997 at 14:11:05:
In Reply to: Smoke Gets in My Eyes, Ears, Nose & Throat! posted by Alisha Crawford on April 01, 1997 at 13:29:28:
: As the subject line states I get to smoke but I'm a non-smoker.
: I work in a smoke free environment yet my apartment seems to reek
: with the smoke from the apartment below. I believe I'm covered
: under the Implied Warranty of Habibility because these apartment
: buildings are old and need various other repairs.
Depending on your state's laws and practive, the implied Warranty of
Habitability would cover you, but the situation you describe does
not fall into this area -- unless there is something defective in the
air circulation system in the building. Although many people are
sensitive to smoke, it is not illegal to smoke in one's home. Smokers
do have some rights of their own. An owner would need to take
reasonable precautions to prevent air flow from one unit to another,
but nothing is 100% air tight, especially in older buildings. You may
wish to look into one of those "smoke cleaners" that can be put on
furnaces or air conditioning systems, or a better filter.
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