|
When Secondhand Smoke Invades Your Home
« prev
Page 2 of 3
next »
|
Enforce a No-Smoking CC&R
If the troublesome smoker lives in a planned development or a condominium with covenants, conditions, and restrictions ("CC&Rs") prohibiting smoking, then either you or the homeowners’ association may take legal action against the smoker. See Understanding Homeowners' Associations & CC&Rs.
Sue Your Neighbor
Even if the smoker doesn’t live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).
Example 1: A Florida court awarded $1,000 to a nonsmoker after she successfully argued that her condominium neighbor’s smoking was trespass, a nuisance, and violated her right to quiet enjoyment. The nonsmoker and her family suffered health problems as a result of the smoking and sometimes had to sleep elsewhere when the smoke from the neighboring condominium was particularly dense. (Merrill v. Bosser, No. 05-4239 COCE 53 (Broward County Ct., June 29, 2005).)
Example 2: A jury in Boston decided that a heavy-smoking couple could be evicted from their rented loft, even though smoking was allowed in their lease. The landlord gave them seven days’ notice to move out after several neighbors complained about smoke smells wafting into their apartments. The couple fought the eviction by arguing that the smoke from their apartment spread due to faulty air-conditioning systems, but the landlord prevailed. (“Jury Finds Smoking Grounds for Eviction,” Boston Globe, June 16, 2005, p. B1.)
|
