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I live in an apartment building in Cincinnati, Ohio. There are 3 floors with 4 units on each floor. Several tenants of Indian and/or Pakistani extraction cook very high spiced food. The smell is nauseating - literally. I live on the 3rd floor and many's the time I felt like throwing up once I reached my walkup apartment. I've registered complaints - along with others in the building - but nothing has been done. Do I have a legal recourse??
State/Country relating to Question: Ohio Already Tried: Nothing. I've just started investigating. I'm fed up.
Thank you for your question. Before I say anything else, I warn you to please not shoot the messenger.
Unfortunately, here, you have no legal recourse. This isn't a situation where you can claim interference with your right to quiet enjoyment of the property or a case of constructive eviction. Such situations tend to revolve around issues concerning things like no heat, no running water, or unsafe living conditions.
While your landlord may sympathize with you about the cooking smells, they cannot prevent these tenants from cooking food. They aren't doing anything unsafe or illegal. If you were to break your lease over this, it is possible that he would sue you for any unpaid rent, which you would then have to pay back if he won. You could also end up being responsible for attorney fees.
I can only suggest that you talk to the landlord about terminating your lease early, and seeing if they will let you out without penalty.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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Thanks for quick reply. I suspected I had no recourse but am glad for your confirmation. I was thinking myself about asking out of the lease.
Thanks again.
=ds=
Good luck! It might just work -not sure if it's the economy or what, but I've had other people on here with landlord issues who got out of their lease withour penalty just by asking, maybe that will happen with you too.
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