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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111568
Experience:  Attorney with over 24 years experience.
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I rented a property Oct 15, 2015 and utilizing heat,

Customer Question

I rented a property Oct 15, 2015 and utilizing heat, dishwasher, clothes dryer and fireplace nicotine (didn't smell like smoke) startind dripping down walls beginning 31 Oct. I was trying to find the source of the smell and finally realized it was 'cigarettes' as I wokevup nauseated, sore throat and tasting like an ash tray was in my mouth. In policies for this property mgmt group you are to smoke outside, yet the make rady person came to put up new vertical blinds and told me what a job it was to clean after these tennants AND that they accepted morevin a security deposit and were infirmed these people would smoke. None of this disclosed to me. As of 8 Nov at 8 am I couldn't take it anymore..no one from the office came by the house. I moved to a hotel 11 Nov...I moved item to a safe, healthy home 27 Nov. This story is longer...they did nothing 'safe' at the house (I had Service Masters in to access the situation)....they tried to put me in a bigger 2 story house with a 'new' 1 year leasev (current one was 9 months). I lost most everything I moved here with from the homecI sold in Texas...my bedding, clothes, dishes, mementos, etc due to the horrid stench and 'saturation' of this 3rd hand smoke. Is there any recourse for me?
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.
What you describe is a premises is not habitable. Legally, your lease guarantees you a habitable premises and if the landlord did not provide you that, then they are in breach of contract with you and you are entitled to sue them for all costs of your move, return of your deposit and any rent you paid when the premises was not habitable. You need to start sending a letter to the landlord demanding a refund based on the the premises not being habitable and that being a breach of the lease and grounds to terminate the lease. If they refuse to refund you, then you would have legal basis to sue the landlord for a refund.