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What are my rights as a non-smoker in my rental unit when…

Customer Question
What are my rights...

What are my rights as a non-smoker in my rental unit when the lease states the tenant cannot smoke in the premises and my neighbors do.

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

I have spoken and emailed the landlord and my consents and questions go unanswered. Wisconsin

Lawyer's Assistant: What steps have you taken so far?

I live in the city of Milwaukee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have emailed them over 5 times about it. The maintenance person agrees that the smoke next door is unbearabke and he hates going in that unit for repairs

Submitted: 2 months ago.Category: Legal
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5/25/2018
Lawyer: Attorney2, Attorney replied 2 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,978
Experience: 30 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. Is there some reason the landlord/property manager is not handling the violation?

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Customer reply replied 2 months ago
I was told it was a sensitive or private matter that they could not give me information about. I have emailed and discussed this with them many times. One of the realty employees told me that I have the option to move.
Customer reply replied 2 months ago
I’d rather just email
Lawyer: Attorney2, Attorney replied 2 months ago

Please ignore the telephone call request. The request did not come from me and it will be my pleasure to continue in this format.

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Lawyer: Attorney2, Attorney replied 2 months ago

Are we talking about cigar or cigarette smoke or some other type of smoke?

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Customer reply replied 2 months ago
Cigarette
Customer reply replied 2 months ago
It’s constant an I have severe allergies I have two children and a grand son that live with me that also struggle with the cugarette smoke
Customer reply replied 2 months ago
Would it be better that I get a letter from my doctor and send to my landlord rescinding how it is afectu g our health.
Lawyer: Attorney2, Attorney replied 2 months ago

It would impact my health as well. The owner of the rental needs to enforce their own polices.

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Customer reply replied 2 months ago
Ok well I need to know how to cancel this so
Lawyer: Attorney2, Attorney replied 2 months ago

Cancel what?

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Lawyer: Attorney2, Attorney replied 2 months ago

"Depending on the severity of the problem, you may even want to consider bringing a lawsuit against the rental property owner. You might be able to claim that the secondhand smoke constitutes a nuisance or disrupts your right to quiet enjoyment of the rental unit. Keep in mind that these cases will likely be difficult to win without laws supporting your side.

If you want to sue for money damages only (such as for dry cleaning or medical bills related to the secondhand smoke), you could consider bringing a lawsuit in small claims court. In Wisconsin, you can sue for up to $10,000 in small claims court." https://www.nolo.com/legal-encyclopedia/dealing-with-secondhand-smoke-in-your-wisconsin-home.html

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Customer reply replied 2 months ago
Thanks I read that as well. I could have saved my money
Lawyer: Attorney2, Attorney replied 2 months ago

You do not have to pay if you are not satisfied with the service. I have no idea why this would be a sensitive matter. I think your quiet enjoyment and health is a sensitive matter.

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Customer reply replied 2 months ago
I agree !
Lawyer: Attorney2, Attorney replied 2 months ago

The law is very clear. That is why it is easy to find. The issue is why should you be required to move when you are not causing the problem. Is it possible to have other tenants work with you on this matter?

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Customer reply replied 2 months ago
Do not think so they all smoke I was not told that when I moved in and didn’t think anything of it because it stated it in the lease. I am not a smoker so didn’t even think to ask
Customer reply replied 2 months ago
what do I pay for and do will this be a recurring payment t or just a on time payment
Lawyer: Attorney2, Attorney replied 2 months ago

The Attorneys do not have access to customer accounts or billing. What we are told is that you can cancel your account or obtain a refund. I would have to direct to Customer Service on your specific account information. I do not want you to be charged for any fee you did not agree to pay.

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Lawyer: Attorney2, Attorney replied 2 months ago

"Do not think so they all smoke I was not told that when I moved in and didn’t think anything of it because it stated it in the lease. I am not a smoker so didn’t even think to ask" And you relied on the no smoking language.

Give me a moment to provide the in contact information for Customer Service. We are told that you have a drop down menu on you end, I want to make sure you have the contact information.

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Lawyer: Attorney2, Attorney replied 2 months ago

Call Customer Care

Please have your Order ID available when calling Customer Care

US / Canada 1-***-***-****

Available 6am to 9pm PST

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Lawyer: Attorney2, Attorney replied 2 months ago

Are you still online with me?

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Lawyer: Attorney2, Attorney replied 2 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Lawyer: Attorney2, Attorney replied 2 months ago

Were you able to speak to customer service?

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