Portland homeowners are suing over foul odor coming from their neighbor’s small house

Tiny homes are becoming increasingly popular. But in Portland, OR, a small house has become a major headache for a retired couple, significantly affecting their golden years.

Residents John Benjamin77, and Trudy Benjamin67, are now suing their neighbor Karen Ward for $200,000 over a foul odor they say is coming from Ward’s small home.

According to the complaint obtained by Realtor.com®the Benjamins must wear gas masks as they travel from their driveway to their home to protect themselves from the stench.

John reportedly once became so overwhelmed by the noxious fumes that he collapsed and broke a bone on his kneecap, requiring surgery.

“All the Benjamins want is to be able to use and enjoy their home of 40 years without having to wear industrial-grade respirators when they go outside,” the Benjamins’ attorney said. Karl G. Anutatells Realtor.com. “They would also like to tell their medical providers – who have told them to stay elsewhere until this issue is resolved – that the problem has been resolved.”

When it all started

Last year, Ward moved a small house on a wheeled trailer to the back of her lot, next to a fence that separates her property from the Benjamins’, Anuta says in the complaint. Ward “rented, leased or allowed someone to live in the small house” on her property.

The tiny house contained a chemical toilet – and according to the complaint, Ward had not connected the tiny house’s chemical toilet system to the city sewer system.

“As the suspect’s tenant continued to live in the small house there, the smell of the chemical toilet became increasingly stronger,” the lawsuit said. “The smell would sometimes have an overpowering effect [the] property of the plaintiff. The odor sometimes seeped into the plaintiff’s home unless the plaintiffs kept the windows and doors completely closed.”

The alleged damage

The Benjamins allege in the lawsuit that “the odors, fumes, and fumes emanating from the small chemical toilet in the home” sometimes “cause nausea, dizziness, lightheadedness, and severe headaches” as well as “immediate respiratory or breathing problems” for themselves and their visitors.

The Benjamins repeatedly complained to Ward about the odor and fumes from the toilet, according to the complaint, and requested that Ward remove the small house from her property or properly connect it to the city sewer system.

The City of Portland’s website states that RVs and small houses on wheels with “internal plumbing” must be connected to drinking water and sanitary sewer systems.

“Internal plumbing is as the term implies: plumbing – toilets, sinks, showers – in the tiny house on wheels,” Ken Raypublic information officer for the Portland Permitting and Development Department, Realtor.com tells us.

The city of Portland sent Ward a notice on March 20 saying she was violating city code OregonLivestating that she had 30 to 60 days to correct violations, including failure to provide sewer and water hookups for the tiny home — and that failure to comply would result in fines starting at $375 per month.

Ward told OregonLive in an email that the camper’s toilet and tank were removed from the tiny house in late April and that any spills would be cleaned up and the soil removed.

But Anuta tells Realtor.com, “Unfortunately, a recent removal of the chemical toilet in the small house did not solve the problem.”

According to the lawsuit, the Benjamins have been unable to enjoy their backyard or take care of garden or landscaping projects. Anuta says they can’t even dry their clothes on the washing line in their backyard as they normally would, because clothes dried there continue to smell of toilet chemical fumes long afterward.

Anuta says the Benjamins have incurred about $35,000 in medical expenses so far. John is currently receiving physical therapy for his knee and has been experiencing “extreme, life-threatening spikes in his blood pressure,” Anuta said. John and Trudy have both also suffered “significant emotional distress and frustration” as a result of the situation.