Nonsmoking apt dweller vs. Pothead apt dweller in Phoenix (Mesa: apartment complex, leasing) - Arizona (AZ) - Page 3 - City-Data Forum

jburress · 10-12-2019, 08:54 PM

Quote:

Originally Posted by MissMouse111

My lease says that every apartment dweller is ENTITLED to a nice peaceful dwelling place.

How is SKUNK SMELL in any way PEACEFUL to a nonsmoker? How?

I am mellow. I'll tell you skunk stench does not make me mellow. It cause my eyes to burn. It turns them terrible shades of red. It makes my stomach cramp up to the point I have to go to the bathroom all night long.

How is this fair?

Your posts say otherwise.

Returning2USA · 10-13-2019, 06:50 AM

Good luck, OP.

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

KurtAZ · 10-13-2019, 09:55 AM

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?

john3232 · 10-13-2019, 12:25 PM

Quote:

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?

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.)

asufan · 10-13-2019, 01:52 PM

See if they can hook you up with some edibles

KurtAZ · 10-13-2019, 02:16 PM

john3232...while I agree for the most part...secondhand smoke from MJ would be a lease breakable situation as it is a drug, not Curry or strong smells. OP stated the management company has offered to move her to a different unit and/or let her out of her lease so they know this.

As far as your mold situation...I have a story from the tenant side of a similar story that would make any renter or responsible landlord pissed...but that is way off topic.

john3232 · 10-13-2019, 03:21 PM

Quote:

Originally Posted by KurtAZ

john3232...while I agree for the most part...secondhand smoke from MJ would be a lease breakable situation as it is a drug, not Curry or strong smells. OP stated the management company has offered to move her to a different unit and/or let her out of her lease so they know this.

As far as your mold situation...I have a story from the tenant side of a similar story that would make any renter or responsible landlord pissed...but that is way off topic.

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.

meo92953 · 10-13-2019, 04:19 PM

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.

john3232 · 10-13-2019, 04:27 PM

Quote:

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.

https://www.harvestofaz.com/renters-...abis-patients/

john3232 · 10-13-2019, 04:47 PM

Quote:

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.

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.