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Old 09-26-2012, 05:35 PM
 
8,781 posts, read 7,842,375 times
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we recently moved in to a new place which we picked because the lease specifies no smoking, or children (i have nothing against kids, we just got out of a horrible noise situation caused by them at our last place so it was important for us)...however
the joined apartment has a guy who not only smokes in doors but also smokes pot inside. the landlord knows this, he verified it to us when we called over it being in our living room to which he replied under his breath "sigh, i told them to do it on the porch"

long story short, its been about 8 months and its been happening off and on every other week or so which initiates another call to the LL asking for him to tell them to please stop because it is in coming into our bathroom and living room through the closet. we either get no response when we call or get told there is no way it can happen because there is a brick wall between the building. the last time i called he wife snapped at me for texting her while she was shopping and she would get to me when she was ready. her husband eventually called and asked to discuss it with me to which i told him i have nothing more to discuss on the matter, he had all the information he needed to act on it and that i was not the one who needs to be talked to at this point. he didn't know how to react to this he just said ok ill see what i can do and never bothered to do anything.

he refuses to come over and actually see it in person, outright just wont come over.
he is now trying to blame it on the house beside us a full drive way separation away, which needless to say is ludicrous.

they are breaking the terms of the lease because the landlord allows them to and believes it doesn't affect the other apartment. is there anything we can do to stop waking up to a place stinking of pot smoke every weekend? we really do not want to move we just want the terms of the lease honored and to not have to be subjected to sitting in someones smokey smelling mess. i didnt sign the dotted line to have the rules bent over personal beliefs and overlooking the issues at hand
and btw, yes we call the police over the pot. they refuse to do anything because they consider it a private matter since it is happening within the home and not outdoors....go figure
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Old 09-26-2012, 06:43 PM
 
Location: Corona the I.E.
10,139 posts, read 15,101,300 times
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Well in Colorado medical marijuana is legal, but you can only smoke it by not interferring with someone else privacy, ie. has to be inside with windows closed. I know this because I have a friend that has cancer that uses it. He does it discretely. I don't know how a common ventilation system or window proxiemty would work?

I would get video documentation of this because this is probably going to end bad with you needing to break the lease them suing you and you back at them. I would also get third party objective witnesses, if you can, to back up your claim on record. You need to stop calling him and start sending your LL certified letters letting him know you know he is in violation of the lease and if it doesn't stop you will break the lease and see him in court. I know it sucks, but that's what it is coming down to. If nothing else save those texts and going forward only communicate in writing unless you can legally record your conversations.
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Old 09-26-2012, 07:56 PM
 
4,919 posts, read 20,809,578 times
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Quote:
Originally Posted by rego00123 View Post
they are breaking the terms of the lease because the landlord allows them to and believes it doesn't affect the other apartment. is there anything we can do to stop waking up to a place stinking of pot smoke every weekend?
Sure, here's what you need to do, very simple.
1. Gran your copy of the demand letters and notices of faiure to abide by the lease you sent to the landlord.
2. Make sure you have a copy of the certifed mailing with proof of delivery or any other proof of delivery by a regulated acrrier.
3. Ensure the timelines to cure the nusince has come and gone.
4. Estimate the cost to move including any increase in rent at a new place.

With all that in hand, march down to civil court and file for an order to release you from your lease and to order the landlord to pay the cost of that move.

Four simnple steps! However if any of steps 1-4 were not propelry done according to your lease and state law, you messed up and have to start from go again and get it right. Are steps 1 -4 properly done in your case?
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Old 09-26-2012, 08:34 PM
 
8,781 posts, read 7,842,375 times
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thanks guys, i suppose my next step is certified letters. im pretty much done discussing this with him via the phone when he has had 8 months to rectify the situation. i have seen their lease as well as ours and it is indeed the same so he has no excuse for allowing it to happen. the fact he is blaming it now on the house across the driveway who is not connected to our and a good 200 yards away cheeses me right off. how stupid do you think we are?

in all honestly, i have no real beef with living here outside of this issue. all i want to see happen is the LL actually enforce his own rules. its not fair to the other people he get in here who move in under the pretense they will not have to deal with these problems. we just got through breaking our lease and taking the LL to court for the costs with another place because of an over crowed apartment below breaking city bylaw for max occupancy...it was so bad we had things falling off the walls there and the LL basically ran himself into a legal corner so the process to get out of there was a little easier then this.

im not looking forward to having ANOTHER place to have to get out of if that's what it comes too. i have no idea how i keep ending up in these situations because we check these places out before we decide on them and they never show any signs of problems like what we have had happening....sigh

people like this do not deserve to rent out places.

Last edited by rego00123; 09-26-2012 at 08:47 PM..
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Old 09-26-2012, 08:56 PM
 
Location: Kailua Kona, HI
3,199 posts, read 12,063,850 times
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Your first sentence amazed me!

we recently moved in to a new place which we picked because the lease specifies no smoking, or children

No children? How'd he manage that?
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Old 09-26-2012, 09:30 PM
 
4,919 posts, read 20,809,578 times
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Quote:
Originally Posted by KonaKat View Post
Your first sentence amazed me!

we recently moved in to a new place which we picked because the lease specifies no smoking, or children

No children? How'd he manage that?
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...
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Old 09-26-2012, 10:49 PM
 
8,781 posts, read 7,842,375 times
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there is a recovery home for adults across the street here, that's is why children are not allowed. it is considered what the poster describes as legal adult community, or at least something to that affect. it is a local bylaw here restricting not so much where children can be but where the recovery home can be.

i would assume it has something to do with interfering in there recovery process, i have no idea!
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Old 09-26-2012, 11:01 PM
 
4,919 posts, read 20,809,578 times
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Quote:
Originally Posted by rego00123 View Post
there is a recovery home for adults across the street here, that's is why children are not allowed. it is considered what the poster describes as legal adult community, or at least something to that affect. it is a local bylaw here restricting not so much where children can be but where the recovery home can be.

i would assume it has something to do with interfering in there recovery process, i have no idea!
Housing decrimination laws pertain to the individual property as an individual property. What is or isn;t next door, across the street or down the block has no basis for renatl festrictuion based on chi;dred. As stated, the proerpety otself (regardless of what is next door or across the street) woud need to be a legal recognized adult community on it's own in order for children to be restricted.

However, I thought that the courts ruled that it realy means that someone ocupying the premise must be at least the minimum age required but that still doesn't mean that childred are absolutely out. A 56 year old with an adopted child would have to be allowed to live in the unit with that child since they meet the minimum 55+ age requirement. (maybe someone can correct me on this)
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Old 09-26-2012, 11:06 PM
 
Location: California
32,260 posts, read 35,637,665 times
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Quote:
Originally Posted by PacificFlights View Post
A 56 year old with an adopted child would have to be allowed to live in the unit with that child since they meet the minimum 55+ age requirement. (maybe someone can correct me on this)
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.
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Old 09-26-2012, 11:14 PM
 
8,781 posts, read 7,842,375 times
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Quote:
Originally Posted by PacificFlights View Post
Housing decrimination laws pertain to the individual property as an individual property. What is or isn;t next door, across the street or down the block has no basis for renatl festrictuion based on chi;dred. As stated, the proerpety otself (regardless of what is next door or across the street) woud need to be a legal recognized adult community on it's own in order for children to be restricted.

However, I thought that the courts ruled that it realy means that someone ocupying the premise must be at least the minimum age required but that still doesn't mean that childred are absolutely out. A 56 year old with an adopted child would have to be allowed to live in the unit with that child since they meet the minimum 55+ age requirement. (maybe someone can correct me on this)
really i have no idea, im no expert in this area. i just know what we where told by the LL and the city before moving into this place. it is a strange little area of this city, its right smack dab in a hospital zone segregated from the rest of the area.

if i could find anything on my cities website about mental health and emergency service in hospital zones i would link you the specific bylaw that limits how close a family can live. its the whole reason this tiny area is segregated to begin with to avoid anyone unknowingly breaking the city code.
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