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MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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It happened again last night, I had the police & a

Customer Question

It happened again last night, I had the police & a maintenance guy out here to write reports. Now if I want to go after the tenant directly, how would I find out her name & which court would I use?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Not sure if this question is linked to my previous- if not, I'm in Mich, the residents second hand smoke is flooding my apartment on a daily basis. The landlord is doing nothing about it, so I would like to go after the tenant directly. Bot***** *****ne is I want the second hand smoke in my apartment to stop.
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Customer: replied 1 year ago.
I am a tenant who is living in an apartment building in Michigan where marijuana smoke enters my apartment to an amazing amount on an almost daily basis. I have been living there about 2 years & complained about it multiple times, once in writing about 2 weeks ago. The landlord wrote to me stating that the resident has a medical marijuana card & there is nothing that can be done, including moving me to another apartment because the complex is full and no tenants are scheduled to move out. Can I claim constructive evication? What evidence would I need to provide & how soon after the claim do I need to move out?
02 November 2015 04:50 (Original question)
Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, there is not a whole lot you can do against the tenant. You would need to go after your landlord directly for breaching the lease agreement with you. The landlord can likely address the issue from wherever the smoke is coming in by better sealing the shared wall you have with your neighbor.

You would need to argue that the apartment is uninhabitable due to the marijuana smoke coming in to your apartment for you to claim a constructive eviction. This may be a little bit of a stretch.

Your best (and easiest bet) may be to ask the landlord if he will allow you to terminate the lease early due to the issue you are having (by executing a mutual release of the lease instead of treating it as a breach of the lease and there being consequences for you) and try to find a new place to move to.

Customer: replied 1 year ago.
The last response I got here was that the landlord is not responsible for the acts of the tenant & I must go after that person directly. The landlord is not letting me out of the lease & wrote me a letter about how they cannot do anything about the problem. I don't get how I have to choose between moving out & breaking the lease which means bad news on my credit or live in a cloud of second hand smoke
Expert:  MIAMILAW1127 replied 1 year ago.

The landlord should be responsible for putting sealant around the wall of the apartment (on your side) to try to prevent the smoke from coming in.

It is not normal from smoke from the neighboring apartment to creep into yours. The landlord is responsible for identifying where the smoke is coming in from and attempting to address the issue.

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