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Does a renter have a right to burn strong incense and open…

Does a renter have...

Does a renter have a right to burn strong incense and open his patio windows and doors, allowing the smell to waft up and down to other renter's apartments, causing headaches for the renter's around him? He's been asked by management to close his windows and doors when burning incense but he says he has a right.

Lawyer's Assistant: What state is he in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: What steps has he taken so far?

He just has told the manager of the buildings that he has a right to burn incense and they told the woman who complained that there was nothing they could do. They have a rule of no smoking in the hallways and common areas but nothing about windows,

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Answered in 1 minute by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 27 days ago
ok

I’m sorry to hear about this situation. This appears to be what’s called a private nuisance because their incense is causing headaches to their neighbors. A private nuisance occurs when a person substantially interferes with the use and enjoyment of the land of another. To establish this claim, the party alleging the nuisance would have to claim that the defendant created a condition that was harmful to the plaintiff’s health; was indecent/offensive to the senses; was an obstruction to the free and ordinary use of the plaintiff’s property; or was some otherwise dangerous condition as a part of their claim. The plaintiff must also show that this conduct interfered with the plaintiff’s right to use or enjoyment of the land and that a reasonable person would be annoyed by this conduct. To help make sense of this, imagine if a neighbor burned their leaves every day and the fumes went onto the plaintiff’s property. If the plaintiff was never home, they would not have a nuisance claim. On the other hand, if the plaintiff lived next door full-time, and the fumes kept them from going outside, they would have a nuisance claim. You may want to consider just writing a cease and desist letter advising about the merits of the nuisance claim. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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