Legal Question in Real Estate Law in Ohio

I live in a codo. I own my unit however the guy below me is a someone's renter. He smokes a lot and uses Plug-in Febreze air freshener type of things which cause me to have a sever allergic reaction. Also his cigarette smoke goes in my unit as soon as he lights up. He is aware that I have allergic reactions to some and the others I do NOT want to smell and continues to do plug in these chemical air fresheners. I offered to buy him Organic fresheners but I should not have to pay for this nor smell them and his cigarette smoke. I am not sure of the laws that protect me and what I can do about this.


Asked on 12/09/23, 9:48 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

This is a nationwide problem and you don't have a lot of recourse if the guy isn't going to cooperate. It's an awful situation and I feel badly for you, but don't have any solutions. If he agrees to use the organic fresheners that will be a win for you and count yourself lucky, but that's not going to work as a long term solution. Maybe you can figure out who owns the unit below and ask the owner to put a no smoking clause in the lease the next time it renews. Can you get yourself on the condo board or otherwise get the building owners together to pass a no smoking rule? It's extreme, but you can actually sue the owner downstairs and the renter and the condo board for trespass or creating an uninhabitable condition in your unit. No one is going to help you with this problem. Possibly, maybe the guy can switch to the electronic cigarettes? At least that's something. Wish I could be more helpful.

Good luck.

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Answered on 12/09/23, 12:56 pm


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