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Old 09-26-2012, 11:43 PM
 
4,919 posts, read 20,792,544 times
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Quote:
Originally Posted by Ceece View Post
I don't know about all places but the adult community where my parents live this would not be allowed. Nobody under age 55 can reside there permenantly (or more than 30 days a year) with few exceptions. Children are not part of the community. Over the years a few have tried and failed at that.
Aahhh, yes went back and reread the article and your right, it appears in response to the older court rulings. states have come up with a second adult community type that allowes for a set minimum age of all parties. It looks like before they just wanted to make sure that at least someone in that family was at the minimum age (probably for those weathy easterners who are 66 years old but married Ginger who is 22). They probaby never considered the fact that no minimum age was part of the law allowing this, and I bet they never considered someone 55 plus would have a child under 18 years old. Now it looks like they can set minimum ages if they like for all occupants so long as it meets the legal requirments and its applied to everyone. Thanks for the correction.
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Old 09-27-2012, 05:24 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 62,115,143 times
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Getting back on topic, your issue seems to be the smell of the marijuana which the tenant is smoking inside but which is wafting in your direction. You also say that this has been happening "off and on every other week or so" and later say, "every weekend" so whatever the timespan it's not an everyday occurrence.

Does the state you live in permit medical marijuana use and, if so, have you checked the rules on its use, where it can be smoked, etc.? You're in a double bind here. If the tenant is smoking marijuana for medical reasons and your state law mandates it be smoked inside, then your building's no smoking ban may not apply. If the tenant is smoking it now and then for pleasure and the landlord has told him to smoke it on the porch, surely the smell coming from the porch is likewise going to affect you.

It sounds as though you've antagonized the landlord over the issue and the police want nothing to do with it. I don't know how successful you're going to be where resolution is concerned but, if worse comes to worst and you once again have to break your lease over it, maybe you should think about renting a single family, free-standing home rather than a unit in an apartment complex. Good luck.
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Old 09-27-2012, 03:15 PM
 
8,781 posts, read 7,832,639 times
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Quote:
Originally Posted by STT Resident View Post
Getting back on topic, your issue seems to be the smell of the marijuana which the tenant is smoking inside but which is wafting in your direction. You also say that this has been happening "off and on every other week or so" and later say, "every weekend" so whatever the timespan it's not an everyday occurrence.

Does the state you live in permit medical marijuana use and, if so, have you checked the rules on its use, where it can be smoked, etc.? You're in a double bind here. If the tenant is smoking marijuana for medical reasons and your state law mandates it be smoked inside, then your building's no smoking ban may not apply. If the tenant is smoking it now and then for pleasure and the landlord has told him to smoke it on the porch, surely the smell coming from the porch is likewise going to affect you.

It sounds as though you've antagonized the landlord over the issue and the police want nothing to do with it. I don't know how successful you're going to be where resolution is concerned but, if worse comes to worst and you once again have to break your lease over it, maybe you should think about renting a single family, free-standing home rather than a unit in an apartment complex. Good luck.
short form response, forgive the bullet "pointyness" of it.

the LL has always been hostile toward this topic, as if he just doesn't want to deal with it because it makes him interact personally with his tenants. the only time we have actually demanded anything be done is the last time when they snapped at us for "bothering them"

i highly doubt he has a med pot license. you can only get them here for two very specific reasons. all of which would mean he will be dead in a few years and we wont be having this issue for much longer lol

calling the police to have someone attempt to have "something" done only results in being transferred to the street crimes division who NEVER follows up. the legal issues are not really my concern i don't care what they want to do with it. i only care that is is coming through into our apartment along with cigarette smoke and we moved here under the understanding it was a %100 no smoking building. calling them is just a move to actually push the LL to actually enforce his own lease. also to have some form of paper trail if worse comes to worse and we actually do break the lease.

they do not smoke it on the porch, they have the door taped off they cant even get outside to do so. we have no windows opened so there is no way if can come inside from the out. its CLEARLY coming through the shared walls at the closets and at its worst in the bathroom. you can smell the areas where is coming in, they are all directly linked to the shared walls.

the LL refuses to accept this, wont even consider looking at it, but has admitted to smelling it coming from one of their open windows while standing in the driveway while it was being repaved. he just keeps saying it cant happen there is a brick wall or passing the buck on other buildings around us. the evidence is clearly there and he has had complaints before. which is why he muttered "i told them to smoke on the porch" when we finally started to take a serious stance on it.

renting a stand free home would be nice, but we cant afford that right now living between two countries. we are already paying for two places. it wont happen until we can finally settle in one place.

anyhow, its a jar that i don't intend to be a pickle in much longer. its all pointing to eventually breaking the lease.
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Old 09-30-2012, 01:37 AM
 
8,781 posts, read 7,832,639 times
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so, it turns out we found out the reason they do not give a crap anymore and are so on edge when having to deal with any issues here.

they are trying to sell the building. he called me tonight and apologized for his wife snapping and not being present for us in the last few short months we have been here. as he explained it, they are simply burnt out on renting and trying to raise there family at the same time. they have bought a single family home and are moving the other tenants in the building who have children into it because old smokey apparently calls them non stop about noise on there side. they cant afford two buildings and they are close freinds with the other family so they feel it is the best move for everyone.
he went on to assure me he would do what he could to stop any smoking in the building and when they DO find a potential buyer make sure that the current lease is upheld.

im not sure they can do that or if he is just blowing smoke up our asses, but its a start.
ive never been in this situation so i have no idea what new owners are expected to uphold when taking over from another owner. my thinking is they dont have to uphold jack squat, its there building now.

any insight would be appreciated on this scenario from those who have the experience and knowledge.
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Old 09-30-2012, 06:07 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 62,115,143 times
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A new owner is legally required to honor existing leases until their expiration. If a new owner wants a month to month tenant to move out he's legally bound to give 90 days notice.
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Old 10-01-2012, 01:48 PM
 
5 posts, read 6,645 times
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just out of curiousity, because stupidity fasinates me so - have you tried calling the cops?
you could let the cops into your unit, have them verify the drug and then bang on the door of the neighbor and arrest them when they open the door
or possibly lawyer up and sue the LL for peacable living clause in your lease?
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Old 10-01-2012, 01:58 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 62,115,143 times
Reputation: 26588
Quote:
Originally Posted by verbal-gerbal View Post
just out of curiousity, because stupidity fasinates me so - have you tried calling the cops?
you could let the cops into your unit, have them verify the drug and then bang on the door of the neighbor and arrest them when they open the door
or possibly lawyer up and sue the LL for peacable living clause in your lease?
1. The police will rarely if ever respond to a call about someone smoking pot in their residence. They have more important issues to deal with.
2. You're probably referring to the covenant of quiet enjoyment which so many people, including yourself, take to mean something it doesn't. Do a google and you'll find the proper legal meaning.
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Old 10-01-2012, 10:27 PM
 
8,781 posts, read 7,832,639 times
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Quote:
Originally Posted by verbal-gerbal View Post
just out of curiousity, because stupidity fasinates me so - have you tried calling the cops?
you could let the cops into your unit, have them verify the drug and then bang on the door of the neighbor and arrest them when they open the door
or possibly lawyer up and sue the LL for peacable living clause in your lease?
yes and i indicated so in my earlier posts. they are not concerned with what happens inside someones home unless they are trafficking. its considered a private issue and they would rather you handle it with you landlords or the court system until you find a solution. the best they can do (here at least) is leave your contact info with there street crimes division and if they have time they will get around to talking with you about your disturbance.

i really dont care they smoke weed, thats there prerogative. i care that it is coming into our place which by our lease is not allowed and one of the major issues we bothered to move in here. it states no smoking AND illegal activity are grounds for eviction

i live 6 months of every year at my place and 6 in another country so naturally i really do not like that fact im leaving my things in a place where they can be subjected to something i was careful to avoid. just in general the fire hazard aspect of smoking, i do not want any part of that.

as it stands right now, we have new potential owners looking at the place and i have until December to figure out if i am staying or going based on what happens here. even if i wanted to fight something in court (which i do not) i really dont have time...im kinda screwed if it keeps up for staying here.

also, thanks for the info STT, informative and to the point as always
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Old 10-01-2012, 11:56 PM
 
Location: Southeast Texas
4 posts, read 2,641 times
Reputation: 13
Default What Fair Housing Laws State

Quote:
Originally Posted by PacificFlights View Post
1. Could be a legal adult community (55+).
2. Could be a legal restricted housing such as university student housing.
3. Or is located outside the USA.
Otherwise, I agree, wouldn't be in the lease or anywhere else for that matter...

It is a violation of federal fair housing laws to prohibit "families" (yes, that means children) from residing in an apartment community. The only way an apartment community or single-family home rental community can be designated "Adult Only" is if it has been legally recognized as a senior living facility. There must then be an age designation (55+ or 62+). Specifically, the restriction would be that at least 85% of the occupied units must be occupied by persons age 55/62 or older.
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Old 10-11-2012, 09:43 PM
 
8,781 posts, read 7,832,639 times
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just a quick update on this.

we have had to resort to calling the police just about every night we have been home now, it is too the point where we have packed up all our things and put them im plastic bins its so bad. its duct heating so we might as well just be chilling over with them while they toke up until they go to bed.
the police do absolutely nothing, just a knock on the door and a polite "please stop smoking pot you are disturbing two of the other apartments" that's right the other tenant living below them is also complaining now...i cant even imagine how bad they have it being right below

of course the polite approach just goes ignored.

our building has since sold to someone new but we have no information on where this is regarding who owns what legally at this time. LL does not take take calls or responds to emails. we have been given no contact info for our new owners or even seen or spoken too them as we have no information on anything regarding the sale other then its sold, which they where nice enough to spend a registered letter to use about.

what do you know another lease that means **** and LL's that could give less of a **** for anything other then ditching responsibility

just so everyone knows this place is on Ontario Canada. where pretty much everything in a lease regarding smoking is just blowing smoke up peoples asses (pun intended) just about the only time you will ever see it enforced is is the owner has renovated and doesn't want to destroy the new value of the living space or has someone with a medical condition that requires the use of oxygen

Last edited by rego00123; 10-11-2012 at 09:53 PM..
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