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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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I signed a lease apt on Sat March 26th. I was told I

Customer Question

I signed a lease for a apt on Sat March 26th. I was told I will get a copy once the manager looks over the lease she will give me a copy. Do I have a vali d lease with no copy in hand. Also I have a disabled daughter with a serious heart condition called Marfan Syndrome. I asked for a Apt change because the Man upstairs smokes excessively. She is having trouble breathing. I was told to bring a Doctor note to request a change of Apt. Despite closing vents using a magnetic vent cover duck tape and vent filter it is horrible. When the window is closed it is toxic and when you open the window all I get is the same smoke comming into the Apt. It is all in the duck system so I can't run the air. Only been in the Apt 10 days. I'm a senior with another child that is disabled as well who has allergies this is making us all sick. I need to go to legal aid I'm on a fixed income. Thank You please advise.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Do I have a vali d lease with no copy in hand..Yes, if you signed the lease contract, it is legally binding as soon as it was signed by you..As for the upstairs tenant, if there is not a restriction on smoking in the building, then legally the tenant would be able to smoke. .However, if this is causing an unreasonable interference with your use of the property, you could sue the neighbor for "private nuisance" to get a judge to order him to abate the nuisance. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..With that said, you might be able to scare the landlord into moving you elsewhere if you threatened to sue him if you told them that your daughter was sensitive to smoke, they knew the neighbor smoked, and they still put you in that apartment. If it came down to moving you to a new apt or getting sued in court under a breach of contract claim, my bet is the landlord will just move you...thanksBarrister

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