Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I rent an apartment in Richmond. Recently, a smoker has

Customer Question
Hi Pearl. I...

Hi Pearl. I rent an apartment in Richmond. Recently, a smoker has moved in next door. One of their rooms is adjacent to mine. The smoker smokes in that room at all hours of the day and the smoke wafts into my apartment in my bedroom.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Today I politely asked them not to smoke in that room. I soon got a text from my landlord that I was not to contact them again and that they do not have a 'no-smoking' clause in the leases. I was diagnosed in May of last year with Congestive Heart Failure and the second-hand smoke is not good for that! Also, I am very sensitive to the smoke. It makes me cough and my eyes water.

Lawyer's Assistant: Have you talked to a VA lawyer about this?

Live in Richmond KY not Virginia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really, I can provide the text messages from the landlord if that helps.

Submitted: 21 days ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 49 minutes by:
3/30/2018
Lawyer: Bill Attorney, Lawyer replied 21 days ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,010
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord tenant question today in Kentucky. I'm attorney Bill assisting you with your health and safety question in relation to your rental.

While the landlord isn't obliged to provide smoke free housing if your home has become unnecessarily effected by the smoke from neighbors due the poor maintenance of the building and air vents you would have a remedy to terminate the tenancy.

You do have a right to live in a habitable home and the landlord is obliged to provide the following statutory obligations:

"

383.595 Landlord's maintenance obligations and agreements.

(1) A landlord shall:

(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;

(b) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

(c) Keep all common areas of the premises in a clean and safe condition;

(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him; and

(e) Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

(2) If the duty imposed by paragraph (a) of subsection (1) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty shall be determined by reference to paragraph (a) of subsection (1).

(3) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraph (e) of subsection (1) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(4) The landlord and tenant of any dwelling unit other than a single family residency may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

(b) The work is not necessary to cure noncompliance with subsection (1)(a) of this section; and

(c) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises."

Because you are alleging that your health has been severely impacted due to the building faults you can put this in writing to the landlord giving him notice of your complaint and thereafter proceed to terminate the tenancy if he doesn't alleviate the situation.

We are here to help so please follow up with me as required.

In return your positive rating is much appreciated.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating gives me a credit for my time.

Thanks

Attorney Bill

Ask Your Own Landlord-Tenant Question
Customer reply replied 21 days ago
Thank you for your response. If I do move, would I have to absorb the moving expenses? I live alone and like I said have health issues so I would have to hire a moving company plus pay any rent or expenses of the new landlord.
Lawyer: Bill Attorney, Lawyer replied 21 days ago

You need to write out a letter to the landlord giving him 14 days to respond and correct the problem that is interfering with the habitability of your property.

The law allows you to withhold rent thereafter proportionate to the amount

Officially:

"

RS 383.635 Remedies for noncompliance that affects health and safety.

(1) If the landlord willfully and materially fails to comply with the rental agreement or

fails to comply with KRS 383.595 and such noncompliance materially affects health

and safety and the reasonable cost of compliance is less than one hundred dollars

($100), or an amount equal to one-half (1/2) of the monthly rent, whichever amount

is greater, the tenant may notify the landlord of his intention to correct the condition

at the landlord’s expense. If the landlord willfully fails to comply within fourteen

(14) days after being notified by the tenant in writing or as promptly as conditions

require in case of emergency, the tenant may cause the work to be done in a

workmanlike manner and, after submitting to the landlord an itemized statement for

the work actually done and for which the tenant has paid in full, deduct from his

rent the actual and reasonable cost or the fair and reasonable value of the work, not

exceeding the amount specified in this subsection."

So the removal costs are something you could take from the rent that you withhold but are due to the state of the property rather than the landlord being obliged to assist you in the removal.

Just a reminder.

Your positive rating is much appreciated.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating gives me a credit for my time.

Thanks

Attorney Bill

Ask Your Own Landlord-Tenant Question
Lawyer: Bill Attorney, Lawyer replied 15 days ago

Dear Customer ,

I would like to follow up on your legal question, do you need any further information ?

Just a reminder I rely on your positive feedback to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating gives me a credit for my time.

Thanks

Attorney Bill

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 2,010
2,010 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My landlord owes me money from a utility bill that i have
My landlord owes me money from a utility bill that i have been paying on a detached garage that is mot part if my lease. Can i withold rent until he pays?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
784 satisfied customers
My sister is a victim of Domestic Violence recently. She has
My sister is a victim of Domestic Violence recently I'm Los Angeles. She has a EPO in place. The judge evicted the male from the property and my sister remains. The male bailed out and called the land… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My question is, can a prepaid last month's rent be applied
My question is, can a prepaid last month's rent be applied towards damages if the damages exceed the security deposit and there is nothing in the rental agreement about it? WA state … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have given my 30 day written notice not to renew a joint
I have given my 30 day written notice not to renew a joint lease. When I went to sign the move out notice I was told I had to give a 30 day move out notice. Before this I was told I could come in anyt… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I evicted a tenant due to issues with her and her Guinea
I evicted a tenant due to issues with her and her Guinea pigs, later found out by using a black light that she was letting them on the bed (furnished room). She left no forwarding address when she lef… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,394 satisfied customers
I'm moving out my apartment and my ex friend help me move
I'm moving out my apartment and my ex friend help me move out. Well doing that process they had my keys and moved into the apartment. They are not taking my calls and I seen their car in the parking s… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
What rights do I have as a tenant without the lease being
What rights do I have as a tenant without the lease being signed having been in the building since September. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers
I need to know if its legal for a landlord to up your rent
Hi i need to know if its legal for a landlord to up your rent without a written notice in indiana… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers
Being evicted in miami dade county. I have proof we paid
being evicted in miami dade county. I have proof we paid over the rent for last 6 months and dec got receipt showing paid $900. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
Mt hoa is trying to evict me. They served myself and my
mt hoa is trying to evict me. They served myself and my landlord on different days and I do not know what to do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
I am leasing a two bedroom condo under a one year lease;
I am leasing a two bedroom condo under a one year lease; completed a one year lease previously in the same condo. My daughter lived with me and moved out and the condo owner said he would not approve … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
I am a tenant and have rented a place for three years my
I am a tenant and have rented a place for three years my lease will be up on May 31 and April I found out that the owner of my condo wants to sell it so they asked to view it. they now are trying to r… read more
Loren
Loren
542 satisfied customers
How are you? My question I moved into my apt 2 years ago
Hi how are you? My question I moved into my apt 2 years ago signed the lease with my broker and a rep from the buildings Mgt who no longer works for the company. I was never provided a copy of the lea… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
I am a 66yr old disabled single male, i have a moble home in
i am a 66yr old disabled single male, i have a moble home in a 55 plus park. I can't drive so i depend on friends to give me rides to stores and doctors. the elected board has complained that i have t… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,394 satisfied customers
I have a residential lease agreement that I downloaded from
I have a residential lease agreement that I downloaded from the Texas Bar Assoc website and have modified it to add some items to it and I want someone to review the document to make sure I have not s… read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
Still trying to find a way out of my lease. Can I break the
Hello, still trying to find a way out of my lease. Can I break the lease if I just married someone who is not able to live in the community per their qualifications?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We are currently having an issue with our landlord not
We are currently having an issue with our landlord not abiding by the lease agreement we both signed. On numerous occasions, they have gone past the 7 day requirement to make necessary repairs to our … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Story... My girlfriend and I moved into an apartment on
My girlfriend and I moved into an apartment on December 28, 2017 and moved out March 31, 2018 as to transfer to a bigger apartment. While waiting for the return of the security deposit from the past apt, the Leasing Manager calls and emails me saying there is a balance the from the prior apt. According to the Leasing Manager, it is standard that property charge a cleaning fee, repaints, and has a carpet cleaning regardless of the state of the apt. The property does it every time a resident moves. Additionally, we were charged rent for April 1st & 2nd because we could not turn the keys in until Monday morning (April 2nd) due to no one being in the office (Easter Holiday). As you are reading this, it is of course safe to assume that we would like a legal opinion on the matter. This is especially so as we live in another apt on the property and really prefer not to deal with this again when we have a departure from the new apt. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x