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I have just vacated a rental property, owner has claimed the
I have just vacated a rental property, owner has claimed the premises are damaged by cigarette smoke and wants me to pay for repainting the entire unit. The thing is I have NEVER smoked inside the pre… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Our tenant was smoking inside our apt.To cover the stains he
Our tenant was smoking inside our apt.To cover the stains he painted the white kitchen cupboards yellow.I am about to move in and because I am an asthmatic it is going to cost us quite a bit to paint … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
I have signed a house lease. The house has not been exit
Hello, I have signed a house lease. The house has not been exit cleaned and the previous tenant smoked inside the house and it has 3rd degree passive smoking situation. Nicotine/tar infusion to walls … read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
I am a tenant, renting through an estate agent. I have a
Hi I am a tenant, renting through an estate agent. I have a shared fence, adjoining with my rear neighbour. It's been damaged in recent strong wind storms. The owner of the property won't pay for repa… read more
John Melis
John Melis
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Bachelor's Degree
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I have a tenant in my property who's been accused of smoking
I have a tenant in my property who's been accused of smoking marijuana inside the property and the smoke is somehow leaking into the neighbours property. I've asked the neighbour to call the police an… read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
I live in a block of six units under Strata Title. One owner
Second opinion] I live in a block of six units under Strata Title. One owner is in conflict with another occupier regarding smoking. I understand we can amend by-laws to prevent smoking in common area… read more
Leon
Leon
Solicitor
Master's Degree
52,702 satisfied customers
Can I smoke on my rented apartment balcony in Victoria, AU -
Can I smoke on my rented apartment balcony in Victoria, AU - there is. I thing about it in my lease and I've lived here 15 years … read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
I've had to submit two breaches to my landlord based on a
Hello, I've had to submit two breaches to my landlord based on a breach of my right to peaceful enjoyment to my leased property. One for noise disturbances and another on smoke infiltration into my ap… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
I have a block of 4 residential units in cairns. QLD. I have
I have a block of 4 residential units in cairns. QLD. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
We are a middle aged couple living in a rented apartment in
We are a middle aged couple living in a rented apartment in QLD. The apartment beneath us has started to use a smoker to cook all their meals. It is parked right under our balcony. Whilst I'm very awa… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
We live in QLD Australia in apartment block with body
We live in QLD Australia in apartment block with body corporate. We have 2 huge balconies - one at the front and one at the back which I can't see in the title documents as us having exclusive use of.… read more
Leon
Leon
Solicitor
Master's Degree
52,702 satisfied customers
I have just moved to a unit that I own and had been renting.
I have just moved to a unit that I own and had been renting. I have been given the house rules by the body corporate manager and it says that the body corporate has instigated a smoke free policy for … read more
Leon
Leon
Solicitor
Master's Degree
52,702 satisfied customers
I own an apartment in Melbourne and recently I've been
Hi, I own an apartment in Melbourne and recently I've been notified by the Owners Corporation (OC) that there is water leaking to the lot below mine. They said the leak is "most likely" from my balcon… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
We have a unit in St Kilda, Melbourne. The Unit is on the
We have a unit in St Kilda , Melbourne. The Unit is on the top floor. We have a tiled balcony. Underneath the balcony is another unit which is getting water damage, We have been told that because it i… read more
Leon
Leon
Solicitor
Master's Degree
52,702 satisfied customers
I live in Sydney and need some urgent independent advice
I live in Sydney and need some urgent independent advice about a property I own in Melbourne. It is a unit in a block, which has been sold. Settlement was due on November 30th, but has been delayed, p… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
Hi, I am currently renting a flat since 2 years and I have
Hi, I am currently renting a flat since 2 years and I have renewed my lease last April for a year. In my lease agreement is specified I should not smoke inside the flat which is fine as I have a young… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
I am a resident in an Retirement Village in Queensland. I am
I am a resident in an Retirement Village in Queensland. I am a smoker. In 2006, when I purchased my unit in this complex I was informed that smoking was allowed in my own ( fully-owned) apartment, but… read more
Leon
Leon
Solicitor
Master's Degree
52,702 satisfied customers
Good afternoon What are my rights (if any) when my husband
Good afternoon What are my rights (if any) when my husband and myself (non smokers) are living in a block of new apartments and the people living beneath and to the side of us are smokers and there sm… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers

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Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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