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I live in an apartment that's non smoking. A person moved in and the smoke started. I complained to the landlord thinking it was the maintenance workers but it was the new tenant. I assume another tenant complained to but about the Marijuana smell (This person smokes cigs and weed) so a letter went out. Needless to say they left for 2 days for the holidays...smoke free at last. Only to have them come back with a vegence with the smoke. I've complained 2x in the last week via email and my rental agency wont respond back. Now I have an upper respiratory infection and in my last email I did put that in there. Not sure why they moved here when it states it's a non smoking building. What's my next step? I dont feel like moving and you would think they would want to stop the smoking since it cost alot to get that smell out of the apartment. TIRED OF SMELLING AND INHALING SMOKE
It's difficult to prove smoking to the extent that an eviction will be granted. Maybe your landlord is working on it, but it won't be quick.
Smokers lie all the time trying to get into non-smoking rentals. Very few landlords will accept a smoker, so they don't have a lot of available options. Smokers also tend to be very self-centered and don't feel any guilt about lying to get something they aren't qualified to have.
Maybe a quarter of my applicants stink of smoke, yet claim to be a non-smoker. It's very common and if they are smart enough to clean up carefully before applying, it can be difficult to detect them to keep them out.
It's not like the landlord can walk in and find dirty ashtrays for proof of unauthorized smoking. 24 hour notice is required before the landlord goes in and that is plenty of time for the tenant to clean up. "I smell something" is not enough proof to get a judge to act. Courts require solid proof of lease violations.
It would be nice if they responded to let me know something. I guess I have to deal with it till I move. Sucks but what can I do.
Quote:
Originally Posted by oregonwoodsmoke
It's difficult to prove smoking to the extent that an eviction will be granted. Maybe your landlord is working on it, but it won't be quick.
Smokers lie all the time trying to get into non-smoking rentals. Very few landlords will accept a smoker, so they don't have a lot of available options. Smokers also tend to be very self-centered and don't feel any guilt about lying to get something they aren't qualified to have.
Maybe a quarter of my applicants stink of smoke, yet claim to be a non-smoker. It's very common and if they are smart enough to clean up carefully before applying, it can be difficult to detect them to keep them out.
It's not like the landlord can walk in and find dirty ashtrays for proof of unauthorized smoking. 24 hour notice is required before the landlord goes in and that is plenty of time for the tenant to clean up. "I smell something" is not enough proof to get a judge to act. Courts require solid proof of lease violations.
Maybe a quarter of my applicants stink of smoke, yet claim to be a non-smoker. It's very common and if they are smart enough to clean up carefully before applying, it can be difficult to detect them to keep them out.
It seems you could require a drug screen for applicants (if not current tenants). You could find smokers of both tobacco and pot.
Yes, landlords CAN find evidence of smoking! LLs can inspect, find odor of cigarette or marijuana smoking, and even smoking materials, and begin proceedings to evict.
Meanwhile, notify the landlord in writing three times of it - and if that means sending letters three days in a row, because it happens three days in a row, then do so. State that the second hand smoking odor, in addition to being unpleasant, is causing you to cough. Start looking for another place to live, while continuing to notify the LL of the continued smoking. See if you can find someplace you like better for the same or better price. If the LL hasn't gotten rid of them by then, give notice that you are breaking your lease because of their failure to enforce the no-smoking clause, and that you expect your entire deposit back. Then break the lease and move. Give them your new address and a request for the return of your security deposit.
The LL may decide he'd rather get rid of the smoker than lose you. Of he may decide he'd rather lose you. Either way, end result is you won't be living next to a smoker.
Thanks for the advice...most of the tenants are respectable it's just this new one that doesn't care. It is affecting me and as I type I smell smoke. UGH!
Quote:
Originally Posted by parentologist
Yes, landlords CAN find evidence of smoking! LLs can inspect, find odor of cigarette or marijuana smoking, and even smoking materials, and begin proceedings to evict.
Meanwhile, notify the landlord in writing three times of it - and if that means sending letters three days in a row, because it happens three days in a row, then do so. State that the second hand smoking odor, in addition to being unpleasant, is causing you to cough. Start looking for another place to live, while continuing to notify the LL of the continued smoking. See if you can find someplace you like better for the same or better price. If the LL hasn't gotten rid of them by then, give notice that you are breaking your lease because of their failure to enforce the no-smoking clause, and that you expect your entire deposit back. Then break the lease and move. Give them your new address and a request for the return of your security deposit.
The LL may decide he'd rather get rid of the smoker than lose you. Of he may decide he'd rather lose you. Either way, end result is you won't be living next to a smoker.
Yes, landlords CAN find evidence of smoking! LLs can inspect, find odor of cigarette or marijuana smoking, and even smoking materials, and begin proceedings to evict.
Meanwhile, notify the landlord in writing three times of it - and if that means sending letters three days in a row, because it happens three days in a row, then do so. State that the second hand smoking odor, in addition to being unpleasant, is causing you to cough. Start looking for another place to live, while continuing to notify the LL of the continued smoking. See if you can find someplace you like better for the same or better price. If the LL hasn't gotten rid of them by then, give notice that you are breaking your lease because of their failure to enforce the no-smoking clause, and that you expect your entire deposit back. Then break the lease and move. Give them your new address and a request for the return of your security deposit.
The LL may decide he'd rather get rid of the smoker than lose you. Of he may decide he'd rather lose you. Either way, end result is you won't be living next to a smoker.
I agree 100%. Document everything in writing to CYA
It seems you could require a drug screen for applicants (if not current tenants). You could find smokers of both tobacco and pot............
It's difficult for me to imagine applicants to rent would agree to submit to a drug test. Nice rentals are in short supply, but not that scarce.
But yes, it would be legal to require it of applicants. Just that it is also legal for them to refuse, and they would refuse and go elsewhere to rent.
And yuck. Unless this is some sort of breathalyzer test, I refuse to draw blood or to watch my applicants pee in order to prevent cheating. Just gross.
In our complex there was a man who grilled on his balcony.Two neighbors got together and wrote a petition and asked us, their neighbors, to sign it to get management to do something about the smoke coming in their apartments.
It clearly states in our lease that grilling on the balcony is not allowed and there is an area where grilling is allowed outside on the property.
I've heard nothing more about it but assume he was asked to refrain from grilling.
Maybe you can write up a petition and get your neighbors to sign it regarding the smokers. If enough people signed it that may be the catalyst for management to do something.
Being a former smoker, I purposely chose my current apartment because the lease states that you can't smoke on the property, much less in the apartment. So, if I did choose to smoke, it would really inconvenience me.
Stopping smoking is hard to do and for me it took my doctor saying I was in danger of heart failure if I didn't quit, so I had to take drastic measures. The addiction is strong though.
Maybe your neighbors will stop if they are forced to make the choice between cigarettes or their apartment.
It's difficult for me to imagine applicants to rent would agree to submit to a drug test. Nice rentals are in short supply, but not that scarce.
But yes, it would be legal to require it of applicants. Just that it is also legal for them to refuse, and they would refuse and go elsewhere to rent.
And yuck. Unless this is some sort of breathalyzer test, I refuse to draw blood or to watch my applicants pee in order to prevent cheating. Just gross.
The ones who refuse would be the ones you do not want anyway, I suspect. Those who are looking for a drug free place to live would probably be happy to comply.
You do not have to personally be involved with collecting a sample, usually urine. Send them to the lab that does the test and the specimen is collected there.
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