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Smoking can still be prohibited. Can’t use medical marijuana as an excuse. It can be used other ways.
True under the FHA, they can't ask for any accommodation because it's still illegal on the federal level, But, some states have added medical cannabis as protected under state law. Even if it's not protected under state laws, some landlords are finding out how "broad" some portions of their leases are. Courts have not allowed medical marijuana cases if the lease list specifics like cigarettes and cigars but not marijuana. A technicality but a technicality that can make a landlords' life miserable.
True under the FHA, they can't ask for any accommodation because it's still illegal on the federal level, But, some states have added medical cannabis as protected under state law. Even if it's not protected under state laws, some landlords are finding out how "broad" some portions of their leases are. Courts have not allowed medical marijuana cases if the lease list specifics like cigarettes and cigars but not marijuana. A technicality but a technicality that can make a landlords' life miserable.
That’s good to know. My lease specifically lists marijuana as one of the controlled substances where its use could result in termination of the lease.
I feel you, OP. There’s someone in my building who smokes every. dang. day. The rental office sent a notice to everyone in our building about it being against the lease, and they still smoke. They must have moved to smoking it to the back of their apartment since then, because I can smell it heavily in my bathroom. One night, I was awaken at 2am by the smell. It was that strong.
I’ll be so glad when I move. 5 months and counting…
True under the FHA, they can't ask for any accommodation because it's still illegal on the federal level, But, some states have added medical cannabis as protected under state law. Even if it's not protected under state laws, some landlords are finding out how "broad" some portions of their leases are. Courts have not allowed medical marijuana cases if the lease list specifics like cigarettes and cigars but not marijuana. A technicality but a technicality that can make a landlords' life miserable.
Even if medical marijuana needs can be claimed due to a bonafide disability the “smoking” of it can be prohibited. There are other ways to use it, as such smoking of any kind can be prohibited by the lease.
No smoking means no smoking.
Thus landlords still have two protections, the fact that it’s still federally illegal and if they have a no smoking policy.
You can be sure if the government steps in and tells landlords they must allow smoking in their rentals there will be even fewer affordable rentals than there are now. I don’t see them demanding all rentals must allow smoking but then again I never imagined landlords being forced to house people for free for years on end either- yet here we are on year two.
Keep complaining to the landlord. He doesn't live there so he has no way to know if the tenant stopped smoking when he got the notice to quit. It will help him to evict if he has written complaints to show to the judge.
Landlords can forbid all sorts of legal things in a rental. Just because marijuana is legal does not mean that a landlord has to allow tenants to smoke marijuana. Tobacco is legal and landlords can forbid the smoking of tobacco. Candles are legal and so is incense and landlords can forbid the burning of those.
Call or email the landlord again that the tenant is still smoking. If it is medical marijuana, it may be justifiable.
Dont assume the landlord knows. I sympathize with the allergy. Meanwhile, can you use caulking around the doors?
Personally, I welcome second hand weed smoke if I can get a free high.
Either you use this as a basis to break your lease and move, or you tell your LL that if he doesn't enforce the no smoking clause and get this guy out, you will have to leave.
BUT... rents have skyrocketed, it's very hard for the LL to evict anyone in this "eviction moratorium" atmosphere, and even if you can pay a much higher rent, units are extremely difficult to find. You might just have to put up with this until the eviction moratorium is over.
No, this is a new neighbor. I have lived in this apartment for almost 5 years and in that time period we had had at least 4 neighbors upstairs. The neighbor upstairs now is a male.
I had an interesting conversation with the tenant upstairs. I told him that I can still smell the marijuana coming down the steps into my closet. He tells me that he has given up smoking in the apartment "for me". For me? How about not smoking because it's against the lease rules? He told me he is really tight with the landlord. I then told him to call the landlord and let's get this out in the open with the landlord present. He refused to call the landlord. I think it might be good for us to have our landlord as a mediator and we get all of our problems out onto the table and find a solution.
I had an interesting conversation with the tenant upstairs. I told him that I can still smell the marijuana coming down the steps into my closet. He tells me that he has given up smoking in the apartment "for me". For me? How about not smoking because it's against the lease rules? He told me he is really tight with the landlord. I then told him to call the landlord and let's get this out in the open with the landlord present. He refused to call the landlord. I think it might be good for us to have our landlord as a mediator and we get all of our problems out onto the table and find a solution.
Be careful he might be the landlord's supplier
But most alkies and addicts will tell you what you wnat to hear because they're good liars trying to cover up or minimize their habit 24/7. They can be highly manipulative so he might sway the landlord to his side. Have a similar problem with a drinker/partier neighbhor with other drugs thrown in. They've got the landlord convinced it was only a onetime thing after they have a party that shakes the building.
People who get high with regularity can't stop on a dime. Unless they have an epithany until they hit a rock bottom and go to rehab it's going to go on and on.
Anyone who lived in an era where smoking was more accepted and people smoked indoors will tell you the stench that would come from people's houses, clothes, furniture etc. This is why I doubt the landlord would let this guy go or the tenant is prepared to lose his deposit and upfront money. Paint wont stick to walls, carpets will have to be replaced and if furnished most of that furniture will have to go. He might even have to clean air vents.
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