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...this won't work in a state where marijuana is legal.
You might want to turn this over to the attorney for their opinion. The fact that it's legal in some states but federally illegal might still make that tactic viable. The tenant may be able to argue that they are in fear of federal consequences.
Your job may depend on you getting out! Being in the same house [or car] Can give you a contact high! IF your job does Drug testing You can be fired!
You have no idea what you are talking about. Being in the same house as someone smoking pot is NOT going to get you a contact high. You'd have to be in the same room, which would have to be closed off, and you'd have to get a really thick smoke concentration to have the possibility of a contact high.
The OP never mentioned getting in a car with the pot smoker. It's much easier to get a contact high in a car, which is way smaller than a room, making it easier to build up a higher concentration of second hand smoke. So how about not making stuff up.
Because of the special circumstances required to get a contact high, their job is not in jeopardy either.
The OP is complaining about the smell, which requires a very low concentration of smoke, not enough for a contact high or a failed drug test.
You have no idea what you are talking about. Being in the same house as someone smoking pot is NOT going to get you a contact high. You'd have to be in the same room, which would have to be closed off, and you'd have to get a really thick smoke concentration to have the possibility of a contact high.
The OP never mentioned getting in a car with the pot smoker. It's much easier to get a contact high in a car, which is way smaller than a room, making it easier to build up a higher concentration of second hand smoke. So how about not making stuff up.
Because of the special circumstances required to get a contact high, their job is not in jeopardy either.
The OP is complaining about the smell, which requires a very low concentration of smoke, not enough for a contact high or a failed drug test.
Your forgetting this person was smoking in shared living areas, til just recently. Why should the OP take that risk, or the risk of drug charges because they are in the same house.
If your leasing office is handy and you are able to have someone come over to your unit...
Get them to come. Tell them you have emergency issue and don't address it directly until they arrive.
When they arrive point out the smell and show them it first hand the issue.
They are legally obligated to handle issues with their lease or code if seen.
...in this case. Illegal drug activity being the biggest offender and non smoking being the secondary.
Once seen ask to be allowed out of your lease again (certified letter) and cite fear of being involved in this activity as your reason for leaving.
Your forgetting this person was smoking in shared living areas, til just recently. Why should the OP take that risk, or the risk of drug charges because they are in the same house.
The OP said that after the first time of finding the roommate smoking in the common area that they had agreed he could continue if he confined the activity to his room and made an effort to contain the smell (which was apparently unsuccessful or inadequate), so it was the smell that was going into the shared spaces where it could be smelled for hours afterward, not thick clouds of smoke.
The OP is not taking any risk living there, even though the smell may be unpleasant to her. No charges would hold up against the OP because the OP is not a weed smoker, and a simple blood test would prove that.
You'd have to be in a closed space for an extended period with very thick smoke (not just the odor) to get a contact high. You can't get a contact high just being in the same house, nor can you get a concentration of THC high enough in your blood to trigger a positive test with that kind of limited exposure to an odor. Just because you can smell something doesn't mean that you are at risk for, heaven forbid, getting high.
Before you and Katie panic you should spend a little time researching the subject you are speaking about. Until then, you're just, shall I say It? Blowing smoke!
What'll probably happen: if the rent is paid, Absolutely Nothing.
The owner of the unit may be a pot smoker.
I rented my house out Non Smoking and everyone I rented it to smoked cigs in it despite swearing they wouldn't.
Pot just doesn't stink the place up like tobacco does. I knew theyd been smoking cigs as it stunk the place out. Pot? Didn't have a clue.
All my lightbulbs were gone though (crack pipes)
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