Posted by Rich-CA on May 06, 2008 at 18:21:35:
In Reply to: tenant creating odors posted by Jim on May 06, 2008 at 11:51:37:
Smells don't make noise, so they are quiet. You may sue the other tenant for polluting the air and the landlord for not providing separate ventilation.
You could also ask the landlord to install separate ventilation. If he refuses, make sure you have witnesses to the smell and get affidavits in case they are not available if you have to sue. Then you inform the landlord you have verified the problem and that if he does not correct it, you will (1) terminate the lease for cause, (2) sue him to recover all costs associated with your having to move and (3) damages.
The down side of playing hardball is there are a lot of actions a landlord can take to make your continued stay unpleasant without actually breaking the law or creating a pattern you could call harassment.