Can I bring a lawsuit against a neighbor spraying air fresheners in an apartment?
I live in an apartment that has started to ban smoking. I've been having a problem with the person under my apart smoking. Since the ban announcement and date were set for June, this person has now started to spray air fresheners, in a failed attempt to hide their smoking, that are getting into my eyes and lungs and burning my eyes and skin and causing severe asthma attacks, worse than their secondhand smoke. I'm dizzy from the sprays, I've had heart pain and nausea from them. It's bad enough they have ruined my place with their smoke, but this new chemical assault has me so sick. They must be spraying it right at the venting, too, or I wouldn't be getting hit so badly. Nothing I have tried stops their smoke or sprays from getting into my apartment. I did speak with the building's manager today and she said she is going to call them and tell them to stop spraying and she will be fining them in June if I smell anything past June first. But this is February, the ban isn't for a few months. And I'm being made sick.
Can a lawsuit be brought against them for chemical assault or anything? I am on disability for asthma, multiple chemical sensitivities, and circulatory and immune system disorders. Their chemicals are making me much worse. They shouldn't be allowed to do anything that gets into my body or my apartment. And puts me in a life threatening situation with the asthma attacks and other symptoms. The management here will not allow any changes to be made to my apartment to keep the smoke and chemicals out. So I don't know if it's the building or the tenant I should be suing.
Has anyone ever successfully sued over this kind of thing before? Would I even have a case? I cannot afford to move. And I'd have to get a legal aid lawyer.
Anonymous2013-02-15T14:20:45Z
Favorite Answer
Talk to the neighbour in a calm manner and ask them to please stop using the air fresheners.
Many apartments ban smoking, which is perfectly legal. It is a serious health and safety issue!
One alternative are smoke cleaning devices that remove smoke from the air and run it through a filter.
Some of these filters can cost $1K, but others are smaller and cost much less.
In the mean time talk to your landlord about the situation- you have a legitimate issue but overeacting will not help you. Tone down the "chemical attack" talk. You need to be civil and calm, no matter how bad you feel.
You cannot sue another tenant but the landlord is responsible for providing a comfortable enviroment and is bound by law to address a tenant's issues if it something within their responsibility to do (as is true in this case). They can persuade the smoker to buy one of these devices, and maybe you can offer to help with the costs (and help keep you friendly with the offending neighbour)..
I've lived with roommates who smoked, while the smoke didn't bother me they did smoke outside on the porch.
You have no right to tell the other tenant not to use air fresheners. You have to buy yourself a few air purifiers or air cleaners to remove the odor from the air in your apartment. Close the air vents so you dont get the fumes. The management does not have to do anything until their policy starts. You can hire some people to clean the air ducts. Possibly the landlord will reimburse you some of that cost.
You dont have a lawsuit, especially not Legal Aid. Every problem in life is not resolved by a lawsuit. You have to do things for yourself.
You probably could make a case out of it but honestly they are not doing it to effect YOU. That will be the main factor is that they are not trying to assault you physically with the can so the judge may or may not laugh you out of court.
They rent the place with their own money and they are legally allowed to smoke and spray what they will until the ban is put in place. After that it is up to your landlord not you. And besides that to charge them with assault with something like that it's like a restraining order. You have to ask them yourself too stop. Have you gone and explained yourself personally? If not then you just suing them is a dick move.
If they continue or tell you to shove off after explaining it and they continue after the ban I believe you will have a case that will hold water. Not until then.
Just because the company doesn't put a warning on the package doesnt mean that they have assumed liability for your actions. You must follow the law in your state, and that includes being sure that hanging something from a rearview mirror is or isn't legal. It's people like you that file these frivolus lawsuits that jam up the court system and create higher prices across the board for all of us. A little common sense here is in order, Stop and THINK!
Here's a thought, walk down with your sweetest face, explain the situation, and ask that they limit the use of air fresheners. What ever happened to talking to our neighbors? Everyone is so quick to jump to the legal route and sue. Have you ever considered the fact that in your neighbors mind they are being considerate by minimizing the smoke odor? I highly doubt that they are blasting cans of febreeze in the air just to p!$$ you off.
You can sue for anything you want, but you will lose. In living situations like this, courts will consider a few things: 1. Was the neigbor's activity legal? YES 2. Was what they are doing a violation of the lease? NO 3. Were their actions something that a reasonable person (this is actually a legal term) would consider acceptable behavior to do inside of the privacy of their own apartment? YES