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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116139
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Cigarette smoke intrusion in other units. No complaint made

Customer Question

Cigarette smoke intrusion in other units. No complaint made or stop order by Hoa. Tent
knew of problem (also board member) and escalated damage by not taking action.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us in this matter? You need to give us all the details of what is going on.
Customer: replied 11 months ago.
being sued for cigarette smoke intrusion. I was not aware of situation. I was not given chance to correct behavior in timely manner.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply, but we still do not know what your specific question is for us and do not know enough information about your situation as you have not provided it to us.
Does your building have rules about smoking?
Who is suing you?
We need more than just one sentence from you in order to properly answer your questions. Thank you for understanding.
Customer: replied 11 months ago.
Smoking rules unknown. Do not exactly who will be suing. probably insurance companies and hoa. Will I be liabel if information of damage was purposely withheld. Tenet knew and never reported.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Yes, if you are the owner and your tenant did not report the damage and you had no knowledge of it, you are still liable for the damage as the owner of the unit. However, if the tenant caused the damage, you can sue the tenant as part of the case and you can make the tenant liable to you for whatever you are held liable to pay the HOA or insurer for the damages.

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