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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
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Jessica
Consultant
Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can. Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me.
I am sorry to hear of this difficult situation.
Is this about smoking inside your unit?
Debra, Expert
Has someone complained about the smoke?
Debra, Expert
The law is that your landlord has a duty to accommodate your disability. The accommodation has to be reasonable and accommodating you cannot cause your landlord to undergo undue hardship. If the tenant upstairs is complaining about the smoke your landlord will be able to say that that causes undue hardship because you can't disturb other tenants. Unfortunately for this reason this could be grounds for your eviction.
The same would hold true with the smudging. You can't interfere with another tenant's right to peaceful enjoyment other home.
Do you see what I mean?
Debra, Expert
I'm not an expert on cannabis but cant you purchase devices that help contain the smoke. Perhaps you should look into that?
Debra, Expert
Well people vape at home all the time and it doesn't seem to bother anyone else in the home so I would think that that would work.
Debra, Expert
You are very welcome.
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Debra, Expert
That's very sweet.
Thanks!