Since I moved in to my apartment several weeks ago, there has been a horrible smell of garbage and/or food that seems to enter primarily from the radiators, vent in bathroom, and under the bathroom sink (and the other day I noticed it coming from under the baseboard in a closet).
The smell was not present when the broker showed me the apartment (I would not have taken it if it had); the only smell was that of the new paint. When I picked up the keys a few weeks later, however, I was overpowered by the odor as soon as I walked in the apartment. Before I moved in I talked to the people in the apartment directly above me, and they said that they noticed a bad smell occasionally, usually when he heat first came on, but it was not often and it went away pretty quickly so they didn't really think about it. I also called the super, who said he did not know what it was and that no one has ever complained about an odor before and that it was probably a temporary smell from the heaters (that had just been turned on again after a warm spell).
Unfortunately, the smell has NOT gone away. The intensity of it varies - some days it is hardly noticable, other days it is almost overpowering. It seems to be worse when it rains and/or is cold. It improved slightly after I closed the radiator valves and covered the bathroom vent with plastic and duct tape - but not a lot.
The apartment is on the second floor directly above a deli, which I suspect is where the odors originate and then move through the ducts/pipes etc. into my apt. One possible source is the cooking they do in the cellar below the deli - producing a VERY strong smell that is the same as what is in my apartment and is noticable from the street when the cellar doors are open. I don't know a lot about heating/ventilation systems, but it does not seem like there is a lot of ventilation in the cellar, so the stench just goes into the building...
The other source is possibly the deli's garbage dumpster which is located below the vent & radiator where the odor is strongest - possibly blocking the outside-air input source?
Anyway, my question is, is the landlord required to take care of this kind of problem? I have looked at maintenance codes/building codes/tenants rights - everything - and it all seems so vague and some of the legal codes are almost indecipherable! I don't want to have to move out, but I don't know if I can live with the odor - it seriously makes me nauseous at times!
Any advice is appreciated...