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Richard, Attorney
Category: Legal
Satisfied Customers: 55713
Experience:  Attorney with 29 years of experience.
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I Live in an upstairs condo, my neighbor downstairs is a chain

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I Live in an upstairs condo, my neighbor downstairs is a chain smoker, She use to smoke outside most of the time, howevever, last week she had a dog sitter stay in her condo for one week, AND she was a smoker! I was gagging upstairs from the putred smell of smoke which I am NOT to be around after a Heart attack 2 yrs ago, plus being on a pacemaker.
I left a note asking the pet sitter to please not smoke inside, she got angry and called Gail, The condo owner who also got extremely upset and left me a very NASTY note on my outside door stating she pays taxes and does NOT need me telling her what to do!!
Now shes smoking inside to get even!!
All these years I have done her many favors, No this!!! Its WWlll.
I need help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Les K. Hoffman
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Although she may feel as if she has the right to do whatever she pleases in her condo, those rights are limited by the impact they may have on others. You have the right to file a private nuisance claim if her actions deprive you of the peaceful, quiet, and healthy enjoyment of your property...such as smoking, that deprive you of the habitability of your property. As such, you can file suit for private nuisance and ask the court to award you both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If she then violates the injunction, she will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

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