How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

I am currently residing on the second floor of an

Customer Question

I am currently residing on the second floor of an assisted-living housing apartment that is a little over two years old.
There was a ceremony that commenced for the grand opening of these units. It was recognized and overseen by the Mayor of Clearwater, Florida as well as Congressman Jolly.
l began noticing a sweet aroma which was a direct result of the gentleman below me smoking 24/7. I tried requesting him several times to go outside. I then compromised more than anyone should, considering the situation on hand, by asking him nicely if he could be so kind to atleast smoke in the bathroom, so that it would enable me to use my living room. Absurd and ludicrous is an understatement I get that. He adamantly refused to compromise, telling me, " I've got to live my life." He then proceeds to address his set of rules telling me the noise is too much and that it sounded as if I was jumping around. Not even close! This has been going on back and forth. I was livid! First and foremost, l understand the fact that it is everyone's prerogative and God given right to do whatever he or she pleases, as long as it doesn't compromise my living conditions.
I've attempted several times to address and rectify the situation in a diplomatic fashion. To no avail, my futile attempts have fallen on deaf ears.
I spoke directly to the contractor who acknowledged the smoke, despite the cold that he currently had at the time. He was accompanied by the head of maintenance who both entered and investigated my apartment. Ironically the head of maintenance contradicted and deterred me, while advocating the tenants smoking, saying, " Yeah, Don has been with us for years. There's nothing you can do. His whole apartment will eventually become completely consumed by a yellow tar which is eventually going to take over your whole apartment upstairs." The contractor then admitted to me words to the effect that it was an inferior pour separating the the top and bottom units. Mike didn't want to hear it. Due to me trying to avoid ruffling any feathers so that it would prevent me from losing my new place I dealt with the issues.Mike, the head of maintenance said, we can relocate you. your job! Correct the problem. Do not try to cover up a matter that needs to be addressed. Another response from him several months later was, I'll bring it up at the next board meeting. I said Mike, don't worry about it. I don't want to create problems.
I am proficient in almost every facet of construction, but am currently on disability for a list of diseases that I cannot cure. I can tell you definitively that I should NOT be ingesting somebody else's poison... period! The contractor who initially felt sympathethic for me in the beginning did a complete 180 degrees. When I approached him approximately 5 months ago, he was overseeing his workers repairing another first floor unit by way of opening up a hole in the ceiling to locate and correct a leak. This ran rampant in several other units as well.I could clearly see zero insulation separating the top and bottom units. Now as unbelievable as this might sound, the contractor after observing me while I was questing and clearly alluding to the fact that his work was illegal and inferior, actually had the ommitigated gal and audacity to tell me " If you don't like it leave! Suffice it to say, I wanted to strangle him right there. Now I realize that a lot of people are waiting to get this low-cost housing, which is based on several factors, but I am taking an educated guess to say that I do not believe that this falls under the legal guidelines of any citizen.
My apartment to date has become completely infiltrated and overtaken by an old putrid and nothing remotely close to tobacco smell. It's coming out of my top kitchen cabinets, bathroom and everywhere else. I'd actually welcome the scent of a fresh cigarette as opposed to the invisible poisons I'm experiencing now.It is absolutely horrific!
There was a recent pre-inspection of the units where a maintenance guy came up to access what if anything, that might be required to pass. Amazingly and unbelievably, you could not smell anything.This maintenance guy by the name of Dennis said that I must have an over sensitive nose. After the inspection was completed, the smoking commenced.
I'm supposed to 'renew my lease for the third year April 7th. 2016. ***** *****, who is the nicest gentleman I ever had the pleasure to meet is my Housing Rep. who incidentally has been oblivious to the manifestation of these issues. I will reinforce to him the complete and blatant disregard for my safety and well-being. I want to hold this arrogant contractor accountable and I do not feel that I should based on certain stipulations have to wait to get second hand lung cancer.
You can reach me anytime at(###) ###-####
Thank you for your time and consideration!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you filed a complaint with the local housing authority and building inspector yet regarding the inferior construction and lack of insulation?
Also, before we go to far, you do understand that we are only allowed by state law to provide information in response to your question and we are forbidden by law from representing you in any legal matter and ultimately from what you said above you may have to engage a local attorney to file suit?