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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111500
Experience:  Attorney with over 24 years experience.
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I live in a condo/apartment complex in Hyannis Mass. The

Customer Question

I live in a condo/apartment complex in Hyannis Mass. The people above me are always smoking out on their deck and their cigarettes and other trash is thrown into my area. I have spoken to them several times about this but they keep doing it. Do I have any legal rights?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Does your complex have any non-smoking rules or policies?

Have you filed a complaint about the trash on your property to the board or management of the complex?

Customer: replied 1 year ago.
no to policies that i know of, Yes multiple complaints and pictures. They even pitch their butts out the back window, fire hazzard for sure
Customer: replied 1 year ago.
the maintenance has cleaned it up multiple times
Customer: replied 1 year ago.
man maintenance man
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am sorry to say that unless you have no smoking policies on your complex, legally all you can do is submit a complaint to your board. If your board refuses to take action, then the final recourse is to sue the tenants who are causing this nuisance on your property or in your area. Those are the only limited options you have here, since there is no law preventing them from smoking. The only thing you can do is pursue it from the complex board/management and then sue the tenants individually in court for the nuisance they are causing.

Customer: replied 1 year ago.
civil court
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, civil court, as there is no crime here on private property.

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