Landlord violating anonymity of complaint

By Spot

I have been renting an apartment since November in a building where the lease clearly states that smoking is NOT allowed indoors.  My downstairs neighbor smokes constantly inside of his apartment and as a result everything I own smells like a bar.  I complained to my landlord about this a few weeks ago, asking if there was something different in my neighbor’s lease about smoking.  He said there was not and that he was in violation of his lease terms.  I did not specifically ask my landlord to tell this guy to stop smoking, but I did ask if there was anything he could do to insulate my apartment.  Landlord said he would talk to my neighbor and let him know it was a lease violation to smoke inside. 
I assumed my complaint would be kept anonymous.  Instead, the landlord told my neighbor that I was the one who complained and as a result I had some VERY awkward encounters with him for a day or two (he was furious that I hadn’t just talked to him).  I ended up writing an apology note to my neighbor (which is ridiculous, by the way.  Why am I apologizing for him killing himself and me with his smoking?) and things are okay now.  My neighbor is STILL smoking inside and I just want to move because I don’t think it will get better.  My lease isn’t up for another 8 months but I have had it with this awful smell and my asthma is getting worse.  Can I get my landlord to let me out of the lease for violating my confidentiality when making a complaint?   How do I approach him about that?  Do I need to provide documentation?  I don’t know what to do.

Edited on: Thursday, February 24th, 2011 9:35 am

One Response to “Landlord violating anonymity of complaint”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

xia

March 8th, 2011 11:18 am

Hi Spot:
I am currently in the same situation and came across your post while researching my rights as a tenant. From what I have found, if it explicitly states in the lease that your complex is a non-smoking building and that any violation of this will result in a violation of the lease agreement, then the landlord can evict that individual. It seems your landlord did not do so, and gave them a “second chance” rather than spending money and time on evicting them. I can tell you from my experience, that it sounds like 1) the person living below is not going to stop smoking and 2) your landlord will probably not evict them. You may have the right to “break” your lease, but it will have to be resolved though the courts- which will cost you money. You also may be entitled to some sort of financial award since you have a legitimate health condition. I think it depends on the state and the judge. My advice is to have everything in writing- keep a “paper trail” of all of your correspondence regarding this matter-even if it is through email, but preferably certified letters. This is the evidence that you had explained your concerns and that the landlord was well-aware of them. With my situation, the person below us is still smoking, and now WE look like we are the problem as the landlord apparently has become tired of hearing our complaints and has become rude and dismissive- instead of the landlord taking care of the initial problem by evicting the smoker, it has escalated to us looking for a new place to rent and contemplating court ourselves. Good luck to you and your situation!


Close


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Ohio Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.