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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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It is my understanding that in multi housing units ( apartment

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It is my understanding that in multi housing units ( apartment complexes) if a renter is a moved it and is a smoker and I live above them, and the smoke comes into my apartment in any way that I am forced to breath it, ( I personally have severe health reactions to smoke) the aparment complex must move the OFFENDING party.. This was in the Az Republic about 11 years ago. I have been living in this apartment over a year and no one smoked below me, today I came home to find my entire apt stinking of cigarette smoke. I will have to go to a hotel. which I can't afford, When I moved in here I told them this, and they said they didn't allow anyone to smoke where it is offensive. Now the apartment has been sold and that rental agent isn't here. What are my legal rights. I can't afford to be sick and have chest pains which happens.. Thank you.
Hello, I am legal expert at Justanswer and I will be helping you with your question today. Are you looking to get out of a lease? what outcome do you want?
Customer: replied 6 years ago.
I love this apartment so no, I am not wanting to get out of the lease unless they refuse to move the offending party.
They are required by law to maintain your quiet enjoyment and habitability. This is implied and in the lease. If confronted with such demand preferably by a lawyer, they should accomodate you and force the neighbor to stop or reduce use or alternatively install barriers to block the infilitration of smoke.

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Customer: replied 6 years ago.
Yes Daniel I will click on accept answer,but I first need the Arizona Revised Statute number where it gives the ruling for apartment dwellers to be protected. I have that Arz Republic article somewhere but it would take me a month to go through everything to try to find it.... I looked up the newer Smoking Law, but it didn't give the part about apartment rentals...

I was here way before this new tenant, and figured to stay here for years to come. It is lovely,,, but I just can't afford to hire an attorney, I am a hair dresser and we don't make that kind of money.

Your relief is not statutory as it is a matter of common law and protected within the terms of your lease by which tenant is guaranteed quiet enjoyment of the premises. A court, if it reaches that, would look to the specific conditions, complaints, and actions/inactions of the defendant.
Customer: replied 6 years ago.
But I know there is a statute on it, that is what the article said... how do I find that? I can't afford court and lawyers Daniel....
You can file a complaint in court if they wont listen to your argument without a lawyer. You may also seek a lawyer for free through the state bar association. I am including the link below which should help you in the process.
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