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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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We are renters in a non-smoking unit and building. We are

Customer Question

We are renters in a non-smoking unit and building. We are renting from a condo owner. The unit below us is smoking (nothing in his lease claims he can't smoke). I have severe allergies to smoke and our whole apartment now smells like smoke. Can we take legal action?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

Yes, if the building is a non-smoking building, as you say, you can take action against the smokers below you. I would suggest that you start by bringing the issue to the attention of the HOA (Home Owners Association) and have them enforce the rules and inform the downstairs people to stop smoking. IF that doesn't work, I would suggest going to your city planning department that is responsible for enforcing the ordinance, or calling the police and have the police tell the people to stop.

If that doesnt work, you have the right under Wisconsin law to sue them to get an order to make them stop smoking. Easier to go the HOA enforcement route, however.

Good luck to you. Please rate 4 or 5 and close out the question. I wish you all the best.

Customer: replied 1 year ago.
even though he is renting from a condo owner who does allow him to smoke in the unit we have the right to take legal action. We have gone to both our landlord and HOA and they have not had any progress in 9 months.
Expert:  WiseOwl58 replied 1 year ago.

Correct. The condo owner below you does not have the legal right to permit him to smoke in a non-smoking building. In that case, if you do file a lawsuit under Wisconsin law, you should name both the renter and the owner of the condo unit below you as defendants.

Good luck to you. Please rate 4 or 5 and close out the question. I wish you all the best.

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