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I'm in NJ, and in what was a fairly decent apartment complex. Long story short is that I am in the upstairs apartment and the one directly below me is inhabited by a weed smoking, possibly weed dealing, loud, spiteful and unstable individual.
I do not care who smokes weed, I really don't. I don't want to smell it, and neither does my child.
Property management group refuses to do anything about it, because he "denies" weed smoking in his apartment and he has a "handsome dad".
Easy answer is to move, yes. However she will be graduating high school and we will be out of here completely. And it's just not something I can do to her - pet friendly rentals in my area are non existent.
After I received a threatening letter from the loser below me, the property management office told me to stop complaining about him.....
So now the police have finally stepped it up and are involved due to the illegal activity. And now the loser is behaving very erratically, making a ton of noise, banging everything because of the wonderful visit the police paid him because of his marijuana habit stinking up my apartment yet again.
I am hopeful that with the lease addendum of the "drug free community" he will finally be evicted, but in the interim, I feel like if the management group actually did their job instead of swooning over a hobbit-family, maybe it wouldn't have gotten to this point.
Thoughts? Can a good lawyer help? This is just the cliff notes, but I hope enough to see if I have a case against them for us not being able to have quiet enjoyment of our apartment.
I am hopeful that with the lease addendum of the "drug free community" he will finally be evicted, but in the interim, I feel like if the management group actually did their job instead of swooning over a hobbit-family, maybe it wouldn't have gotten to this point.
Thoughts? Can a good lawyer help? This is just the cliff notes, but I hope enough to see if I have a case against them for us not being able to have quiet enjoyment of our apartment.
Thanks in advance!
What do you want a lawyer for or what do you want to do or what is your actual question? If you want out and you actually have an addendum that states "drug free community" (or building), then they have breached the lease if they are not doing anything about it or enforcing it and just telling you to basically MYOB after you have complained to them about it. So I would think you would have a case there if you wanted to break your lease if they won't do anything about it. Is weed illegal in your state? If not, then the drug free only pertains to illegal drugs and not weed. Otherwise, if they get evicted then all is taken care of and your problem is solved so what do you want done beyond that? Some things take time so you may have to deal with it for a bit longer 'if' something is being investigated and/or in progress.
On a side note, be thankful that the police are actually doing something about it. I have a new neighbor across the hall from me who is constantly stinking up the building with their skunk weed but worse yet it is nonstop traffic in and out of this building day and night. I don't care if they smoke it either but the dealing is not acceptable nor is this nonstop 5 min traffic in and out all day and night. I have called the police more times than I can count and they finally suggested I contact the DEA which I did but you can only leave a message, no one ever answers their phone. I have left at least 3 messages and never a return call just to acknowledge my call and nothing has been done about any of it. My LL is no help either. All he cares about is that he gets his monthly rent checks.
Thank you, I'm in NJ where it's still illegal. So that's good I should be able to break the lease if I need to, nut most likely he will be evicted.
There's a constant flow of traffic in and out of the apartment below me too. I actually went yo the police station and asked to speak with an officer. I gave him the rundown on what's been happening here too, and they agreed and came and took care of the loser.
I wanted to know if the property manager can be sued for inactivity in their part by ignoring their own rules about a drug free community.
They need to be accountable for this too, I think.
Breaking a lease for the reasons you mentioned is not an easy thing. I lived in a place that had a neighbor murdered in the night and multiple break ins, and this isn't even enough to break a lease. The LL couldn't prevent the murder or break ins from happening.
Thank you, I'm in NJ where it's still illegal. So that's good I should be able to break the lease if I need to, nut most likely he will be evicted.
There's a constant flow of traffic in and out of the apartment below me too. I actually went yo the police station and asked to speak with an officer. I gave him the rundown on what's been happening here too, and they agreed and came and took care of the loser.
I wanted to know if the property manager can be sued for inactivity in their part by ignoring their own rules about a drug free community.
They need to be accountable for this too, I think.
Accountable how? Does your landlord have police powers? The inevitable claim your neighbors are gonna have is that they're *not* smoking weed. Your landlord can't claim to "smell weed" then search the house for weed. They *can* likely evict based on police-actions, but not before. So if the police have been there "x" times & the landlord knows it, only then can they even begin the eviction process, not before.
Why does the LL have to enforce the law? That's up to the police.
It's an addendum in the lease - a crime/drug free community, so I was unsure who's responsibility it was....just super frustrating is all. Can't wait for him to leave.
Breaking a lease for the reasons you mentioned is not an easy thing. I lived in a place that had a neighbor murdered in the night and multiple break ins, and this isn't even enough to break a lease. The LL couldn't prevent the murder or break ins from happening.
Omg! That's really horrible, I'm sorry!
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