C.L. from Hartford County, Connecticut writes:
Dear Mister Condo,
A new restaurant has moved into our building on the first floor and the smell from the restaurant’s vent is coming directly into my unit. I’ve complained to the association, and to the restaurant owner, but have been told that since there are only two units that are affected, and because the restaurant owner can’t afford to put a filter on the vent that I’m out of luck. I can’t open my patio doors when it is nice outside because the smell of hamburger grease infiltrates my entire apartment. What are my rights?
Mister Condo replies:
C.L., that sounds just awful! I am sorry that you have become a victim of this situation. I am sure that you have the right to nuisance-free living. The odors from the restaurant are clearly a nuisance. If the Board isn’t going to intervene on your behalf, you will likely have to hire an attorney and sue the restaurant owner and/or the association for allowing the nuisance odor to go unabated. Restaurant odors are certainly going to be an ongoing nuisance. Even with better filtration, my guess is that there will be foul odors ongoing. This is not a good situation for you. Personally, I would strongly consider trying to sell my unit sooner rather than later. Perhaps, the restaurateur would consider purchasing your unit? Honestly, as long as there is a restaurant directly beneath your unit, the odors are likely going to continue.