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Category: Legal
Satisfied Customers: 17223
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I live on the second floor of a condominium. I have chronic

Customer Question

I live on the second floor of a condominium. I have chronic asthma and severe allergies. My downstairs neighbor and her underage daughter are "chain smokers." The smoke/odor is coming into my building through the electrical outlets,around the plumbing and any other unsealed area between our two residences. I have tried to seal off all of the areas, but it is not working.
I have three air purifiers running as well as many "room deodorizers" and notheing seems to work. I have asked her to purchase a corbon air filter, insulated her outlets, anything to help...but she has not done anything. The situation is getting worse. My lung funstioning in decreasing and I do not know what to do.
My condominium management says that she has the right to smoke in her own house....but don't I have the right to breathe in mine?
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
do you rent or own the condo?
Customer: replied 7 years ago.



Customer: replied 7 years ago. I know how to spell better than I did..


nothing and would think a teacher would proofread her work...sorry

Expert:  WALLSTREETFIGHTER replied 7 years ago.
The condo does not understand the possible consequences of their actions. A civil suit threat should be made by you.You may wish to advise the tenants and condominium management, or even the individual members of the condominium board of possible legal liability for failing to take reasonable steps to protect your health, especially once the problem has been formally brought to their attention.

Through the use of state regulations, such as a sanitary code, Wisconsin and many other states provide general language for protecting the health of residents in multi-unit buildings. State law also supports more traditional claims of nuisance, warranties of habitability, and the right of quiet enjoyment. You can sue the below tenants and condo baord for allowing this to happen as poisonous and dangerous toxins are going into the building and others are being harmed, they will be held liable.

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Customer: replied 7 years ago.
Thank you so much. Now I know where to begin.