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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: 2 months ago.Category: Landlord-Tenant
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Answered in 49 minutes by:
3/30/2018
Lawyer: Bill Attorney, Lawyer replied 2 months ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,444
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

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Customer reply replied 2 months 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 2 months 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 2 months 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

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