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Old 02-14-2014, 10:18 AM
 
1 posts, read 1,150 times
Reputation: 10

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I have lived in a non smoking apartment for 5 months now. No pets are allowed either. I sacrificed keeping my dog in order to live in a non smoking apartment. It was a hard choice but one that I made.
My downstairs neighbor is moving out this month and another tenant who lives here is moving in because it is a bigger apt. They will move in at the end of the month or the first of next month. They seem like very nice people but the issue is that they both smoke. The last lease they signed was with different owners and at that time you were able to smoke here. The new landlord didn't make everyone switch to his policy apparently because she has always smoked in hers. Now that she's moving to another apt she has to sign his lease and be under his rules.
I am allergic to cigarette smoke. If I am in a room with direct smoke I will have to use my inhaler within an hour or so. I know that it may take longer without it being directly in my face but eventually I will need to use it. This is going to cause me physical issues.
I text my landlord as soon as I became aware of who was moving in and at that time he said that he didn't think it would be a problem. I also had a face to face meeting with him letting him know that I am sure that there will be issues if they move in and smoke in their apt. He pretty much said that once someone moves in it is out of his hands what they do in it. He stated that he just keeps more of their deposit to get the smoke smell out once they leave. He pretty much made me feel like he wouldn't make her stick to the lease and not smoke in her apt.
I asked what steps he planned on taking if the smell came into my apartment. He stated changing the furnace filter more often and using a filtration system. As allergic as I am I don't think it'll make a difference. I also asked him that if that didn't work and one of us needed to move out then who was expected to move out. He said he would need to contact his lawyer to find that out.
I'm curious as to what my steps should be. I know that I need to wait and see if the smell reaches me first and see if there is even going to be a problem. Hopefully there won't be but will I have the legal part on my side if there is an issue? it is a non smoking unit that she is moving into.
The landlord gave us each other's phone numbers in order for us to work this problem out ourselves. I think he is being cowardly. He needs to stick to his lease. He was very adamant when I wanted to move in and have my dog. I even offered to pay extra every month and I got a flat out NO! I respected that and decided that I wanted to move in anyways because of the non smoking factor and my allergies.
I am trying to document every conversation and text messages in case of any future legal issues.
I would appreciate any help or suggestions. Thanks!
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Old 02-14-2014, 06:39 PM
 
Location: cleveland
2,365 posts, read 4,381,736 times
Reputation: 1645
good thing you document everything.. if you start to smell cigarette smoke, put a clothes-pin on your nose and start dropping your empty beer cans on their patio below. maybe blow your bong hits into the vent to make yourself feel better.

Last edited by 1watertiger; 02-14-2014 at 06:41 PM.. Reason: spelling
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Old 02-15-2014, 07:37 AM
 
2 posts, read 2,038 times
Reputation: 10
The reason most landlords/building owners state in their lease that the building is non-smoking is because they get a HUGE break on their property insurance. An insurance company insuring a building that is non-smoking eliminates the possibility of a resident accidentally falling asleep with a cigarette and burning down the entire complex. I would suggest that you contact his insurance company (if you can find out which one he has) and inform them that he is not holding the tenants to their lease obligations and is in fact allowing the building to be a "smokers" building. In addition if he is advertising the property as a non-smoking building contact your local building and housing authority and see if he has the building listed as a non-smoking building in their records. If he does inform them that he is allowing the tenants to smoke within their units. This will prompt them to come and do a surprise inspection of the property. Continue documenting everything that you do......if in fact you need to break your lease to move out because of your health issues then you will need all this information if he tries to sue you for breaking the lease.
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