Nonsmoking apt dweller vs. Pothead apt dweller in Phoenix (to rent, houses)

[MissMouse111]

Originally Posted by jburress

Check your lease. If what you were told is correct you have no one to blame but yourself. If your lease says otherwise, take legal action against the building owner.

Thanks. I'm kind of done. I just need to blame myself for wanting clean air.

[MissMouse111]

Originally Posted by jburress

Your posts say otherwise.

Trust me, if you smelled what I smell in your personal space, you're mellow spirit would fly out the window, smarty pants!

[MissMouse111]

Originally Posted by Returning2USA

Good luck, OP.

I don't smoke anything, but what are the laws in Phoenix / Arizona for personal pot usage?

I was told it is not illegal if you have it for medical use. Seems like slow torture to me. Nothing beats clean air in my opinion.

[john3232]

Originally Posted by MissMouse111

Problem is I'm not intruding on their rights. They are intruding on mine. It's like they took a can of garbage and threw it into my apartment.

How is that a right???

I can move but do you realize the cost involved. It's insane with the deposit, credit check, admin fee, and moving the furniture. It's quite costly!!

So basically you're saying too bad nonsmoker. Us potheads get to stink up your home and laugh about it all the way to the bank as we enjoy our new home and destroy your peace of mind. And if you don't like it move as you kick up your heels and grin...

Doesn't sound right to me at all.

The over-the-top descriptions highlighted aren't helping your cause. In fact they get me thinking you might be embellishing the problem.

The best part of living in AZ is when a renter calls I can say, "I will be right over."

Then I can see for myself what is going on.

[MissMouse111]

Originally Posted by KurtAZ

Well...I am assuming that they have a medical MJ card or they wouldn't have "every right" to smoke pot or even possess it...it is still illegal in this state for recreational use. If what they are doing is in fact legal, you really have little to no recourse unless the Management company steps in. If it is causing an environmental issue with your living space, and it seems it is, then you can break your lease and find a smoke-free complex. Otherwise, you can take your own steps to minimize the effects on your living space. You can't force your behaviors and habits on others...kind of the trade off you have to deal with in apartments.

Ain't urban living grand?

Yep. Urban living is grand.

I'm not forcing any of my habits on others. I simply want clean air. Since when did I become the bad guy? I'm just asking for a little civil decency. I can't afford to break my lease so I will wait patiently for another 9 months and save up to move.

[MissMouse111]

Originally Posted by john3232

Exactly. If the neighbor has a MJ card and smoking is allowed they can get high as much as they please.

The OP can't complain anymore about the smoke than she can if it were say the strong smell of Indian food.

The key issue is does the renter have a MJ card?

If they don't the OP can possible take legal action against the owner. She can claim while the lease agreement might well permit smoking MJ for recreational use is illegal. And the smell coming from next door is giving her headaches.

But again it will be up to the OP to prove this. If the property manager and/or owner come over and don't smell anything unusual they will likely document the visit in case of a lawsuit. Then they will make plans to not to renew the OP lease.

On the other hand if her bathroom does reek of pot and the neighbor does not have a MJ card the OP is within her rights to sue the owner if her complaint is ignored.

Maybe 6-7 years ago I had a renter who could "smell" mold. That's right. Didn't see mold but said she could smell it. I was forced to spend hundreds of dollars to document there was nothing unusual with the air in the home or any visible signs of mold.

Then I quietly made plans to get rid of the woman and did so maybe six months later (She was on a month to month lease.)

Interesting. Thanks for sharing. I'm done. I give up.

[MissMouse111]

Originally Posted by john3232

Well if that's the case the OP needs to see a lawyer because it sounds like she wants to sue unless the pot smoker is removed. She won't move to another apartment and she doesn't want out of her lease.

If this were my apartment building I would first confirm the smell of pot. Then I would also speak with an attorney. If I couldn't smell the pot I would want to know the best way to protect myself from this renter. If I did smell the pot I would want to know how to best deal with the neighbor.

P.s. would be interesting to know if offering the OP a different apartment protects the landlord from a lawsuit. The OP position is I rented this apartment why should I move? The neighbor? They likely won't admit to anything.

Again I would speak with an attorney to protect myself from a lawsuit then quietly make plans to boot both the OP and the neighbor.

I just can't work with such renters and as a landlord I have learned 90% of this business is placing the right tenants.

Gosh, think of how smooth it would have been if I smoked pot in my apartment every night and had it go into all the neighboring units. I would be the ideal renter and make my landlord so happy. I plan to quietly move at the end of my lease. I'm no longer planning to complain. They aren't going to do a thing. I give up. I have no rights to clean air.

[MissMouse111]

Originally Posted by meo92953

I purposely moved to a non smoking complex. With ours, you can't even do medical pot. I don't know if that's legal but I didn't care as I don't smoke pot.

In our complex you can't even smoke inside the complex, although I've seen evidence, buts on the ground, that people do. But, we are reminded via a short newsletter every month that failure to comply will result in eviction.


I guess since I was a smoker but had to quit for health reasons, I always asked what the rules were. Both when I smoked and when I quit.

They have given you options. You may not like the options but they were offered.

True. I was given options but it costs money. A lot of money. Meanwhile a pothead can kick back smoke all night long and not worry about their costs one bit because they get their rights validated by management. They're stoned half the time. What do they care?

[MissMouse111]

Originally Posted by john3232

After having been a landlord in San Francisco for some 20 years where rental laws are stacked in favor of tenants I am always careful. Yes, options were offered to the OP but does she have to accept them? She signed a lease agreement for the apartment she is living in.

So if I win the lottery I can move to a nonsmoking complex. I have to accept that at the end of the day the nonsmoker is told simply "If you don't like it, get out!" End of story.

And to the pothead, the story is simply "By all means, please smoke in our units all night long, we don't mind it at all if you destroy our neighbor's peace of mind with that skunk stench and at the same time destroy our property. Your rights are far more important. Smoke away and have a lovely day!!"

[MissMouse111]

Originally Posted by john3232

So go back to management and explain when security showed up they wouldn't enter your apartment. Ask how this can be solved. Ask management to perhaps call security on your behalf and explain the situation.

Without proper documentation this will go nowhere.

At this point, I have a feeling that even with proper documentation this will go nowhere. I give up. They win. I want clean air so I'm the bad guy. Remember that...