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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29049
Experience:  Attorney
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I have lived in this apartment complex 8 years. reason the

Customer Question

I have lived in this apartment complex for about 8 years. For some reason the company cuts the grass and leave it on my porch. I am allergic to fresh cut grass. I have the allergy report to prove it. I repeatedly report this problem to office management but it continues to happen. Breathing that grass causes me to go to the emergency room with breathing problems. I have been diagnosed with restrictive airway disease from the military. I would like to file a lawsuit against the complex is privately owned.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

Landlords (and management companies) are required to make reasonable accommodations for tenants with disabilities. Now that you have documented your allergy and put in the request, leaving grass cuttings on your front porch isn't just a violation of the Americans with Disabilities Act - it's also battery. Battery is defined as a harmful or offensive touching. Knowingly putting someone in contact with something they're seriously allergic to falls within that category. You could seek punitive damages against the person who is leaving the grass cuttings there or who has directed the grass company to do so. You may need to subpoena someone from the grass company to testify as to where they got their orders, but you can do that.

When a landlord violates the ADA, a successful tenant may be entitled to their attorney's fees in addition to monetary damages and an injunction. What that means is, you can hire a local attorney to bring the case and give the bill to the landlord when you're done. A good place to find someone local is

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Expert:  Lucy, Esq. replied 10 months ago.

Did you have any other questions about this?