One tenant found their apartment was uninhabitable because of a foul smell resembling toxic fumes — probably caused by chemical-based paint — coming from their upstairs neighbors' unit. Searching for any remedy to the problem, they posted to the r/legaladvice subreddit asking for help.
"Toxic fumes … making my apartment unlivable. … [They have] continued to [use] the same chemical for 8 days straight now. I am having to find housing every day just to not be consumed by toxic what I can only [describe] as spray paint fumes," the OP said.
One commenter asked the OP to clarify the source of the chemical smell, wondering whether it was just normal house paint that the OP might be sensitive to or more toxic paint.
Having done a few DIY projects themself and having worked with varnish on large pieces of furniture, the OP knew that the strong fumes produced by paint supplies usually dissipate within 24 hours, leaving them stumped as to how and why the fumes still lingered a week later.
The fire department came out to assess the apartment and suggested that the chemical smell might be produced by huffing spray paint, which is considered an illicit abuse of a common household product. Research has found that huffing paint and paint thinner long-term could affect brain health and cause vision and hearing issues.
While paint is a common household product, it releases harmful gases known as volatile organic compounds into the atmosphere. VOCs contribute to air pollution (smog) that forms ozone and causes rising global temperatures. VOCs may also form acid rain that damages ecosystems and wildlife habitats, contaminating soil and water, and affecting aquatic life.
Difficult neighbors can sometimes stand in the way of lifestyles that respect the planet. These troubles may include a neighbor who mows their lawn twice a day or one who mows over your garden.
In the OP's case, the neighbors may have been frequently using or mismanaging paint, which produces toxic chemical fumes that are harmful to both human health and the environment.
To minimize the environmental impact of paint, make sure to properly store or discard leftover paint and choose zero-VOC paints for your home improvement projects.
"This sounds like it might violate the implied warranty of habitability, which amounts to a constructive eviction. … You would have a cause of action based on that and could sue for your rent back," one commenter suggested. "It couldn't hurt to ask."
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