Is there anything I can do about fumes coming into my apartment?
November 1, 2018 6:51 AM Subscribe
Renovations are being done downstairs, and I’ve experienced headaches and asthma symptoms because of it. I’m not sure what steps to take (if any).
I’m trying to decide what steps to take (if any) in this situation.
The downstairs apartment is being renovated. It’s an old building (built in the 1920s) and smells come up through the gaps around the radiators, vents, and other open spaces. In the past, I’ve smelled weed and cooking odors coming up from below (no biggie).
On Tuesday after work, I came home to some awful fumes in our place. Different and stronger than paint fumes. I’m guessing it could be the something oil based, maybe paint stripper or varnish, or they may have resurfaced the tub. My roommate and I didn’t get notified that this would be happening.
I emailed the rental company asking for a specific schedule of what was happening downstairs, and they replied that the work should be done by the end of the week and “sorry for the inconvenience.”
The past two nights, both of us have slept with windows wide open and fans running (we’re in Minneapolis, so it’s in the 30°s at night). I’ve been experiencing headaches and asthma symptoms (tight chest and coughing).
I emailed again yesterday asking if the company would consider a 1 or 2 day rent reduction, since we were experiencing some health effects even with ventilation. I haven’t heard back yet.
Is there anything I can / should do? Normally this company is pretty considerate about letting tenants know what’s happening; they email everyone when the water will be turned off for an hour, etc. I just would have liked to know beforehand so I could have planned accordingly / slept somewhere else.
Thanks, hive mind!
I’m trying to decide what steps to take (if any) in this situation.
The downstairs apartment is being renovated. It’s an old building (built in the 1920s) and smells come up through the gaps around the radiators, vents, and other open spaces. In the past, I’ve smelled weed and cooking odors coming up from below (no biggie).
On Tuesday after work, I came home to some awful fumes in our place. Different and stronger than paint fumes. I’m guessing it could be the something oil based, maybe paint stripper or varnish, or they may have resurfaced the tub. My roommate and I didn’t get notified that this would be happening.
I emailed the rental company asking for a specific schedule of what was happening downstairs, and they replied that the work should be done by the end of the week and “sorry for the inconvenience.”
The past two nights, both of us have slept with windows wide open and fans running (we’re in Minneapolis, so it’s in the 30°s at night). I’ve been experiencing headaches and asthma symptoms (tight chest and coughing).
I emailed again yesterday asking if the company would consider a 1 or 2 day rent reduction, since we were experiencing some health effects even with ventilation. I haven’t heard back yet.
Is there anything I can / should do? Normally this company is pretty considerate about letting tenants know what’s happening; they email everyone when the water will be turned off for an hour, etc. I just would have liked to know beforehand so I could have planned accordingly / slept somewhere else.
Thanks, hive mind!
You can contact a lawyer, the health department, and your doctor, because it sounds like you may have been exposed to dangerous levels of lead paint dust due to the possible negligence you describe. Any home that old is presumed to have lead paint, and I am so sorry that you may lose all of your belongings and need to find alternative housing immediately. There are simple tests for lead paint exposure, including a blood test that can determine lead levels pretty quickly, and I encourage you to find out whether you have been exposed to toxic levels of lead.
Lead paint dust is extremely dangerous, and landlords are typically required to avoid exposing their tenants to that kind of hazard, especially during renovations. It's possible that a smelly special sealant is being used after the renovations to reseal the lead paint, but it's the exposure to the dust during the renovation that may be a serious problem for you and all of the possessions in your home. Based on my experience as an attorney, this might be a priority case for legal aid representation, if a personal injury law firm doesn't jump all over it.
posted by Little Dawn at 10:57 AM on November 1, 2018 [1 favorite]
Lead paint dust is extremely dangerous, and landlords are typically required to avoid exposing their tenants to that kind of hazard, especially during renovations. It's possible that a smelly special sealant is being used after the renovations to reseal the lead paint, but it's the exposure to the dust during the renovation that may be a serious problem for you and all of the possessions in your home. Based on my experience as an attorney, this might be a priority case for legal aid representation, if a personal injury law firm doesn't jump all over it.
posted by Little Dawn at 10:57 AM on November 1, 2018 [1 favorite]
You could try to pressurize your place. Put your fans in windows, blowing in. Seal the window openings that the fans don't fill up, using cardboard or something. Close all the other windows. If you generate enough pressure, all the fumes will be blown away from entries to your apartment, and you won't smell them.
posted by Kirth Gerson at 11:19 AM on November 1, 2018
posted by Kirth Gerson at 11:19 AM on November 1, 2018
Best answer: I am a landlord in Minneapolis and this is how our conversation would go if you called me using the highly upvoted script above.
YOU: My apartment is uninhabitable due to fumes from renovation. Where will you be housing me until the work is complete and the fumes entirely gone. Your crew exposed me to substances that are causing health problems and injury. I need to see the Safety Data Sheets for the materials used in the work.
ME (blood pressure goes up instantly, switches from my helpful human mode to my utterly unhelpful legalese robot mode): "Your language indicates that you are preparing for legal action. I am sorry but from this point on I require that you communicate with us in writing only. "
... and now we are in a full on war mode. At this stage, I know three things: one, it's highly unlikely that you were in fact injured because you've just asked me for an arbitrary reduction in rent so it seems you just want some money; two, I am working with a licensed contractor and the likelihood of them using unapproved materials or doing something crazy is low; and three, since the work is being done outside your unit, there are very few remedies available to you from a tenant's rights perspective. Normally I would talk to the construction crew and see what can be done to mitigate the fumes but I sure as hell am not going to go out of my way for a hellacious, emotionally unhinged tenant who's decided to toss a nuclear bomb into our previously civil relationship. So from now on, it's you against me, the construction company and their insurance provider, and we are documenting *everything*.
/end of hypothetical scenario
For everyone's sake, I hope you do not go down this path. You said your rental company is normally pretty considerate so why not assume good will on their part? Just call them and tell them what's been happening in non-litigious terms (the language you used in your question is perfect). Don't ask for a rent reduction - sorry to be harsh but that's a common shakedown against property owners so no wonder they haven't responded. If you are genuinely concerned about health problems, focus on that. You said that you could have arranged sleeping elsewhere - is this still an option? Otherwise, a $250/night luxury hotel is rather ludicrous when you are renting a unit in a cheap old house but I've just checked AirBNB and there are tons of centrally located rooms available for under $50/night - maybe the landlord would be willing to cover one of those for a couple nights?
Good luck, I hope you can find a mutually satisfactory resolution.
posted by rada at 1:49 PM on November 1, 2018 [4 favorites]
YOU: My apartment is uninhabitable due to fumes from renovation. Where will you be housing me until the work is complete and the fumes entirely gone. Your crew exposed me to substances that are causing health problems and injury. I need to see the Safety Data Sheets for the materials used in the work.
ME (blood pressure goes up instantly, switches from my helpful human mode to my utterly unhelpful legalese robot mode): "Your language indicates that you are preparing for legal action. I am sorry but from this point on I require that you communicate with us in writing only. "
... and now we are in a full on war mode. At this stage, I know three things: one, it's highly unlikely that you were in fact injured because you've just asked me for an arbitrary reduction in rent so it seems you just want some money; two, I am working with a licensed contractor and the likelihood of them using unapproved materials or doing something crazy is low; and three, since the work is being done outside your unit, there are very few remedies available to you from a tenant's rights perspective. Normally I would talk to the construction crew and see what can be done to mitigate the fumes but I sure as hell am not going to go out of my way for a hellacious, emotionally unhinged tenant who's decided to toss a nuclear bomb into our previously civil relationship. So from now on, it's you against me, the construction company and their insurance provider, and we are documenting *everything*.
/end of hypothetical scenario
For everyone's sake, I hope you do not go down this path. You said your rental company is normally pretty considerate so why not assume good will on their part? Just call them and tell them what's been happening in non-litigious terms (the language you used in your question is perfect). Don't ask for a rent reduction - sorry to be harsh but that's a common shakedown against property owners so no wonder they haven't responded. If you are genuinely concerned about health problems, focus on that. You said that you could have arranged sleeping elsewhere - is this still an option? Otherwise, a $250/night luxury hotel is rather ludicrous when you are renting a unit in a cheap old house but I've just checked AirBNB and there are tons of centrally located rooms available for under $50/night - maybe the landlord would be willing to cover one of those for a couple nights?
Good luck, I hope you can find a mutually satisfactory resolution.
posted by rada at 1:49 PM on November 1, 2018 [4 favorites]
« Older Give my modular ranch some character | Couch cushion - can I repair it without sewing? Newer »
This thread is closed to new comments.
"My apartment is uninhabitable due to fumes from renovation. Where will you be housing me until the work is complete and the fumes entirely gone. Your crew exposed me to substances that are causing health problems and injury. I need to see the Saftey Data Sheets for the materials used in the work."
do not get off the phone. Keep repeating "where will you be housing me until the work is completed, and fumes are gone"
Do not ask them to consider anything. It is their job to provide you with safe housing that is not a threat to your health and well being. If that housing is at a hotel for a week at $250 a night - too bad for them.
Once that is done - you can look up landlord tenant laws in your community and send a certified 30- day demand letter stating that they denied you the housing they agreed to provide per the terms of the lease - X days where you did not have an adequately heated place due to fumes and keeping windows open. Ask for a credit for the rent for those days.
This happens all the time and is their problem for not properly dealing with the renovation work. It's possible to handle stinky renovation with proper sealing ventilation and filtering - they chose to cheap out save the cost of doing that and pass the pain on to you. So they should cover the cost for providing you with safe housing - as they promised in the lease and you have paid them to provide.
posted by sol at 8:59 AM on November 1, 2018 [9 favorites]