Addressing Marijuana Smell Complaints

Investor · Cincinnati, OH · Member since 2016 · 18 posts · 13 votes

We have a new-to-us class c quadplex in Avondale in Cincinnati. Tenant A moved in 1 Feb. Tenant B moved in 5 Mar. Tenant C moved in 7 Apr. Tenant C reported on Apr 10 that she smelled marijuana so strongly when she woke up that she had to open up her windows to air it out. We talk about drug use on the premises during lease/property rules signing. This is obviously not allowed.

Step 1: I posted a "reminder" letter that said "We have spent a lot of time moving each of you in and we want to be able to maintain our contract. However, we will proceed with eviction proceedings with anyone smoking or using drugs on the property."

Tenant C text me today and said that it isn't fair to her or her son to have to deal with this. I absolutely agree which is why I had asked her on the 10th to keep reporting times/dates she smelled weed usage at the apartment so I could gather a timeline. She hasn't done that even though she says it has gotten worse.

Tenant C said that she knows that Tenant A/B knows that she was the one reporting (even though I said it was me in the letter). Tenant C has expressed fear at the thought of Tenant A/B taking "recourse" on her. I have no reason to believe that is likely, but regardless...people cannot smoke weed inside of our building.

I am hoping someone with more experience on here has an idea. Any option I can think of makes Tenant C the snitch. I suspect it is Tenant A, but have no proof other than Tenant B said she was not there on April 10th.

1 Reply

259 views

Most Popular Reply

Nicole A.Pro Member

Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes

Marijuana or not, it's always tough to control people smoking inside. You really can't control people, and your upset tenant seems to think that you can control people. You could confront your smoking tenant directly, but they'll likely deny it. You may or may not smell smoke inside the unit yourself. You might not see any evidence. It's a tough situation to "police." So I think that by you wanting to please the upset tenant so much, she is going to be come more of a nuisance to you than the smoker! I think you might need to put a bit more distance between yourself and your promises/eagerness to please your tenants.

Sorry that this isn't really giving you a concrete solution, but these are the kind of issues you're going to always deal with especially in multiunits and C-class properties. You're not the police or anyone's life coach. You're simply the landlord/property manager. You'll provide a safe, clean property, but you simply can not control people's every action. And you can't play detective either.

14 Reply

See this reply in the discussion

56 Replies

Jump to latestLatest

Sort by

Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
9y
Marijuana or not, it's always tough to control people smoking inside. You really can't control people, and your upset tenant seems to think that you can control people. You could confront your smoking tenant directly, but they'll likely deny it. You may or may not smell smoke inside the unit yourself. You might not see any evidence. It's a tough situation to "police." So I think that by you wanting to please the upset tenant so much, she is going to be come more of a nuisance to you than the smoker! I think you might need to put a bit more distance between yourself and your promises/eagerness to please your tenants.
Sorry that this isn't really giving you a concrete solution, but these are the kind of issues you're going to always deal with especially in multiunits and C-class properties. You're not the police or anyone's life coach. You're simply the landlord/property manager. You'll provide a safe, clean property, but you simply can not control people's every action. And you can't play detective either.
14 Reply
Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Give 24 hours notice and conduct an inspection of each unit. Look for physical evidence of pot use. Photograph and document and proceed according to your lease remedies.
6 Reply
Aubrey Page
OP
Investor · Cincinnati, OH · Member since 2016 · 18 posts · 13 votes
9y
@Nicole A. I feel like you gave really sage advice. I do feel that Tenant C is being overly dramatic and acting as if we have more control over the situation than we do, but I also feel like my responsibility is to make sure other people uphold the lease. If Tenant C still feels concerned (which she likely will) would you offer her an out? Wouldn't that just turn it into a "we'll get rid of the snitch" apartment building?
@Max T., I was in each apartment the other day for repairs and saw nothing suspicious. They're too smart for that.
3 Reply
Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Then this is why many LL favor month to month leases. Just give notice of non renewal and move on. No reason necessary.
3 Reply
Chuy Gonzalez
Investor · Long Beach, CA · Member since 2012 · 313 posts · 190 votes
9y
Weed is part of class c properties. I get lightheaded and hungry from all the weed smoke at my place. I found good tenants that don't smoke...but it seems like most of their neighbors in surrounding buildings do. I don't have any good advice, but i understand where you are coming from.
6 Reply
Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
9y
Yes, because you have to give a 24-hr notice, the offending tenants typically just clean up for your arrival. This is also why it's tough to police things like smoking. I would not give the complaining tenant an out. She isn't helping you help her. So I would suggest telling her to quietly call the police next time she smells weed, but she might not do that either if she's so afraid of having bad relations with them. Perhaps she could try chatting with them directly and friendly.
It is your responsibility to provide a safe place to live within reason. This doesn't mean you allow smoking, but again, leads back to the fact you can't spend your time trying to stop it because they'll just sneak around. Now, if there was something truly fixable, you'd be right there fixing it. But this stuff just eats up your time.
And even with month-to-month leases, you gotta weigh if it's worth it to ask the suspected smokers to leave. Do they pay their rent on time? When you see the unit, is it clean and tidy? If answers are yes, it makes it really tough to ask them to vacate just to keep another tenant happy. And then who's to say that tenant you finally made happy doesn't move out anyway? Now you had not one, but two, vacancies to fill and minimize income loss.
7 Reply
Russ M.
Investor · Brookfield, WI · Member since 2014 · 110 posts · 99 votes
9y
The first thing to do would be to have her call you when she smells it. You can then judge for yourself the validity of her claim. She may be exaggerating just to try to get you to do something.
2 Reply
Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
9y
I wouldn't encourage the tenant to call whenever she smells smoke. You will be driven crazy, and you will also be the punching bag for every tiny thing that goes wrong. Tenants see that they can call you and you answer at the drop of a dime, they start trying to walk all over you with demands. Time is too valuable to just drop everything at a phone call and go over to smell some smoke.
11 Reply
Doug Woodville
El Cerrito, CA · Member since 2015 · 257 posts · 129 votes
9y
Pretty wise advice here @Nicole A. I don't even own a place but I'm enjoying learning from you.
2 Reply
Account Closed
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
9y
The easiest thing to do in this type of scenario, is to offer the complaining tenant the right to vacate, often called the "happy clause." I'm so sorry you aren't happy here. If you want to move out, all you have to do is give me 30 days notice."
In my experience, they will often be kind of shocked that your answer is to just offer to let them leave - rather than engage in the drama they hoped to ensue. I'm sure they'll hate having to move again, and would rather you paid them their moving costs - but, you are not required to do so. I wouldn't offer them anything more than that they may move out with 30 days notice.
If they only had a M2M agreement, this won't thrill them, but they should have realized it could go either way - that either of you could end it after just 30 days, with 30 days notice.
If they had a year lease, they won't be thrilled either, but they can never then claim that you held them to a year lease, when they were encountering problems, etc.
Whenever I invoked the "happy clause," my complainers usually were shocked, but then shut up and quit complaining. I only had one tenant ever take me up on it. This was in a building with 25 rented units, over an 8 year period.
10 Reply
Mac Wildstar
Member since 2018 · 7 posts · 5 votes
8y
I (a renter) have this same problem with a newly moved in tennant. The one above me.
They moved in just 3 months ago. within the first 6 weeks the police were here 3 times. We never had a "pot" problem until they moved in. Now the place reeks with the smell.
The apartment complex has put up warning signs, including a copy of their "no MJ use" policy page that everyone has to agree to and sign as part of their lease. the warnings were violently torn down.
Apartment admins told neighbor they were doing something.
Last week 3 of us went down to office to talk to manager. She told us her hands are tied.
The people who are the problem have a 3 year old in their apartment. Above them is a 16 month old, and aross the hall is another 18 month old. Downstairs from them are 2 teens.
I live below them and have been here 4 years. We only smell this stuff when she is here. He might be smoking it, but from what we have observed, it is her.
This morning I woke up and went to do my morning potty stuff and my bathroom was reeking of the smell of this stuff. I am disable, on medications and have been effected by the 2nd hand stench of that stuff.
Office told us to call the local police to start a paper trail (so to say) of these incidents. Seems to me, we have sufficient proof to show they are the ones doing it.
We ( the other tenants in the building) have considered suing the 2 people in civil court to get them to pay our relocation costs to try to get them to stop.
Not sure what else we can do.
Medical use is allowed by state law, Recreational use is on November ballot and I pray it does NOT pass.
On monday i am calling the Child protection services on these people for smoking that dope around her baby, who I think is a drug baby because she screams at the top of her lungs for minutes at a time.. some times for over an hour. Totally bad tenants..
1 Reply
Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
This person wants out of the lease, nothing you do will solve her problems as new ones will always come up. In the future, if this was my situation, I'd tell the tenant if they suspect illegal activity is going on that they call the police. If they police find that illegal activity is going on then go from there.... and evict. But if you have he said she said conflict w/ no proof then it's just asking for headaches.
2 Reply
Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
Originally posted by @Mac Wildstar:

I (a renter) have this same problem with a newly moved in tennant. The one above me.
They moved in just 3 months ago. within the first 6 weeks the police were here 3 times. We never had a "pot" problem until they moved in. Now the place reeks with the smell.
The apartment complex has put up warning signs, including a copy of their "no MJ use" policy page that everyone has to agree to and sign as part of their lease. the warnings were violently torn down.
Apartment admins told neighbor they were doing something.
Last week 3 of us went down to office to talk to manager. She told us her hands are tied.
The people who are the problem have a 3 year old in their apartment. Above them is a 16 month old, and aross the hall is another 18 month old. Downstairs from them are 2 teens.
I live below them and have been here 4 years. We only smell this stuff when she is here. He might be smoking it, but from what we have observed, it is her.
This morning I woke up and went to do my morning potty stuff and my bathroom was reeking of the smell of this stuff. I am disable, on medications and have been effected by the 2nd hand stench of that stuff.
Office told us to call the local police to start a paper trail (so to say) of these incidents. Seems to me, we have sufficient proof to show they are the ones doing it.
We ( the other tenants in the building) have considered suing the 2 people in civil court to get them to pay our relocation costs to try to get them to stop.
Not sure what else we can do.
Medical use is allowed by state law, Recreational use is on November ballot and I pray it does NOT pass.
On monday i am calling the Child protection services on these people for smoking that dope around her baby, who I think is a drug baby because she screams at the top of her lungs for minutes at a time.. some times for over an hour. Totally bad tenants..
Think about this from a landlord perspective...

There's conflict and people claim one person does something affecting others. However, the police do the investigation and don't find anything illegal.... what can the landlord really do at that point? They can't take someone's word over the police and evict the person that opens them up to undue risk/exposure. They could offer you a deal to move out (no fee for breaking lease etc) or they could non renew the original person once the lease is up.
I know some states (like MO) have routes to evict for drugs that don't require arrests... but I'd assume some level of proof is needed (more than complaint).
4 Reply
Mac Wildstar
Member since 2018 · 7 posts · 5 votes
8y
Originally posted by @Matt K.:

There's conflict and people claim one person does something affecting others. However, the police do the investigation and don't find anything illegal.... what can the landlord really do at that point? They can't take someone's word over the police and evict the person that opens them up to undue risk/exposure. They could offer you a deal to move out (no fee for breaking lease etc) or they could non renew the original person once the lease is up.
I know some states (like MO) have routes to evict for drugs that don't require arrests... but I'd assume some level of proof is needed (more than complaint).
Matt, i am thinking about it from their point of view.. (land lords).. I totally see her point. Unless one of us can testify under oath that we saw them smoking it on the property, there really is nothing they can do at this point in time as far as taking them to court to evict them. However we the tenants are helping the office get what they need so that they can. Part of this is creating a paper trial with the local police departments.
1 Reply
Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
8y
@Nicole A.
"Do they pay their rent on time? When you see the unit, is it clean and tidy? If answers are yes, it makes it really tough to ask them to vacate just to keep another tenant happy. "
As a landlord to do nothing places you in violation of your lease commitment to your tenants. If a lease contains a no smoking clause and a tenant reports someone is smoking if you do not act and serve notice that complaining tenant can and should take their landlord to court for refusing to enforce the lease. When a tenant signs a lease containing a no smoking clause a landlord is legally responsible to enforce that lease. If you do not respect your own lease you have no right to expect tenants to respect it either. This gives all landlords a bad reputation.
In a situation where a landlord is refusing to enforce their lease they are interfering with their tenants reasonable enjoyment.
Never put anything in a lease that you have no intention of enforcing. To do so places you in a group of landlords that are untrustworthy and irresponsible in providing housing to others.
8 Reply
Mac Wildstar
Member since 2018 · 7 posts · 5 votes
8y
Originally posted by @Thomas S.:

@Nicole A.
"Do they pay their rent on time? When you see the unit, is it clean and tidy? If answers are yes, it makes it really tough to ask them to vacate just to keep another tenant happy. "
As a landlord to do nothing places you in violation of your lease commitment to your tenants. If a lease contains a no smoking clause and a tenant reports someone is smoking if you do not act and serve notice that complaining tenant can and should take their landlord to court for refusing to enforce the lease. When a tenant signs a lease containing a no smoking clause a landlord is legally responsible to enforce that lease. If you do not respect your own lease you have no right to expect tenants to respect it either. This gives all landlords a bad reputation.
In a situation where a landlord is refusing to enforce their lease they are interfering with their tenants reasonable enjoyment.
Never put anything in a lease that you have no intention of enforcing. To do so places you in a group of landlords that are untrustworthy and irresponsible in providing housing to others.
Ok, so what can a tenant do, to the land lord (of a big apartment complex) that has said their hands are tied and cannot do anything except refuse to renew the lease (in 10 months)? Do the rest of the people in the building have to put up with these people smoking pot and making the place stink like crazy,. when there is enough circumstantial evidence to show it is that couple, (or one of them) in that unit that is doing it?
That is the problem I has a tenant have. I am ready to sue the apartment complex for breach of contract for not Enforcing a safe environment for the kids, both mine, and my neighbors. I don't want to do that as I have been here a few years and until these people moved in, we had a nice quiet building with few if any problems.
Thanks.
1 Reply
Johann Jells
Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
8y
I had a tenant complain recently and I asked the infracting tenants if they could smoke by the outdoor venting range hood. But those complaining tenants also complain about the cleanliness of the halls and finding stuff in the dryer. I'd rather have the low maintenance potsmokers stay.
2 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
8y
@Aubrey Page I would not be happy as a tenant in that situation . It sounds like perhaps your best bet in this dilemma is to use what is called “ the happy clause” and get the complaining tenant out otherwise it’s going to be a lot of drama and frustration for everyone involved . It’s not like the dope smokers are going to suddenly quit toking reefer or anything . Replace that tenant with somebody who Is a mIllenial or biker type or a person who probably won’t care about a lIttle pot or works an odd shift . In other words find a better fit for the property given the situation . You need to screen your tenants better and keep the dopehead losers out
1 Reply
Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
Originally posted by @Mac Wildstar:

Originally posted by @Thomas S.:
@Nicole A.
"Do they pay their rent on time? When you see the unit, is it clean and tidy? If answers are yes, it makes it really tough to ask them to vacate just to keep another tenant happy. "
As a landlord to do nothing places you in violation of your lease commitment to your tenants. If a lease contains a no smoking clause and a tenant reports someone is smoking if you do not act and serve notice that complaining tenant can and should take their landlord to court for refusing to enforce the lease. When a tenant signs a lease containing a no smoking clause a landlord is legally responsible to enforce that lease. If you do not respect your own lease you have no right to expect tenants to respect it either. This gives all landlords a bad reputation.
In a situation where a landlord is refusing to enforce their lease they are interfering with their tenants reasonable enjoyment.
Never put anything in a lease that you have no intention of enforcing. To do so places you in a group of landlords that are untrustworthy and irresponsible in providing housing to others.
Ok, so what can a tenant do, to the land lord (of a big apartment complex) that has said their hands are tied and cannot do anything except refuse to renew the lease (in 10 months)? Do the rest of the people in the building have to put up with these people smoking pot and making the place stink like crazy,. when there is enough circumstantial evidence to show it is that couple, (or one of them) in that unit that is doing it?
That is the problem I has a tenant have. I am ready to sue the apartment complex for breach of contract for not Enforcing a safe environment for the kids, both mine, and my neighbors. I don't want to do that as I have been here a few years and until these people moved in, we had a nice quiet building with few if any problems.
Thanks.
I would assume if you sue them then the police reports would either support or disprove your claims. Assuming the police haven't done anything then I'd wager that'd probably be a big counter point to your claims.
Now if you moved out, chances are there's probably something you could cite to get out of the lease. They'd probably threaten something and maybe take you to court but you'd probably have better chance of defeating those cliams.
0 Reply
Mac Wildstar
Member since 2018 · 7 posts · 5 votes
8y
Originally posted by @Matt K.:

Originally posted by @Mac Wildstar:
Ok, so what can a tenant do, to the land lord (of a big apartment complex) that has said their hands are tied and cannot do anything except refuse to renew the lease (in 10 months)? Do the rest of the people in the building have to put up with these people smoking pot and making the place stink like crazy,. when there is enough circumstantial evidence to show it is that couple, (or one of them) in that unit that is doing it?
That is the problem I has a tenant have. I am ready to sue the apartment complex for breach of contract for not Enforcing a safe environment for the kids, both mine, and my neighbors. I don't want to do that as I have been here a few years and until these people moved in, we had a nice quiet building with few if any problems.
Thanks.
I would assume if you sue them then the police reports would either support or disprove your claims. Assuming the police haven't done anything then I'd wager that'd probably be a big counter point to your claims.
Now if you moved out, chances are there's probably something you could cite to get out of the lease. They'd probably threaten something and maybe take you to court but you'd probably have better chance of defeating those cliams.
Well Matt, the cops came here 3 times in the first 6 weeks they were here for domestic issues. At the same time those of us who were here, noticed the pot smell that happened only while they were here. Never happens when they are not. 3 of us have lived in this same building for over 3 years or more. Since all lease have a non usage addendum to them, we knew these folks were violating the lease. We reported this to the Complex administration who said they were doing something. Turns out they are doing nothing. THis is why I will not support recreational use when my state votes on it in November. We have 2 children under the age of 24 months on this side of the building. THEY have a 3 year old in their apartment and I have been told that I should not be around the stuff due to my medical history. If the apartment complex is not going to enforce its own contract, then I believe I have the right to break mine without penalty. I will also be seeking advice of a lawyer to see If I can force the Complex to compensate me for my moving expenses due to the breach, and due to health risks their refusal to act has created. The other tenants may have the same option. And what is worse, is I talked to the duty Sargent at our local police office today on their non emergency number, and they said its a landlord issue and don't want to get involved unless we can catch them doing it, or we call while the odor is very strong in the building. even then it will not be a high priority for them.
1 Reply
Matt K.
Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
8y
Originally posted by @Mac Wildstar:

Originally posted by @Matt K.:
Originally posted by @Mac Wildstar:

Ok, so what can a tenant do, to the land lord (of a big apartment complex) that has said their hands are tied and cannot do anything except refuse to renew the lease (in 10 months)? Do the rest of the people in the building have to put up with these people smoking pot and making the place stink like crazy,. when there is enough circumstantial evidence to show it is that couple, (or one of them) in that unit that is doing it?
That is the problem I has a tenant have. I am ready to sue the apartment complex for breach of contract for not Enforcing a safe environment for the kids, both mine, and my neighbors. I don't want to do that as I have been here a few years and until these people moved in, we had a nice quiet building with few if any problems.
Thanks.
I would assume if you sue them then the police reports would either support or disprove your claims. Assuming the police haven't done anything then I'd wager that'd probably be a big counter point to your claims.
Now if you moved out, chances are there's probably something you could cite to get out of the lease. They'd probably threaten something and maybe take you to court but you'd probably have better chance of defeating those cliams.
Well Matt, the cops came here 3 times in the first 6 weeks they were here for domestic issues. At the same time those of us who were here, noticed the pot smell that happened only while they were here. Never happens when they are not. 3 of us have lived in this same building for over 3 years or more. Since all lease have a non usage addendum to them, we knew these folks were violating the lease. We reported this to the Complex administration who said they were doing something. Turns out they are doing nothing. THis is why I will not support recreational use when my state votes on it in November. We have 2 children under the age of 24 months on this side of the building. THEY have a 3 year old in their apartment and I have been told that I should not be around the stuff due to my medical history. If the apartment complex is not going to enforce its own contract, then I believe I have the right to break mine without penalty. I will also be seeking advice of a lawyer to see If I can force the Complex to compensate me for my moving expenses due to the breach, and due to health risks their refusal to act has created. The other tenants may have the same option. And what is worse, is I talked to the duty Sargent at our local police office today on their non emergency number, and they said its a landlord issue and don't want to get involved unless we can catch them doing it, or we call while the odor is very strong in the building. even then it will not be a high priority for them.
Again, if you're going to sue them about saftey and don't have police report backing up your claims of illegal activities leading to an unsafe enviroemnt I don't see how that's going to work?
But like I said you can probably leverage soemhting about quality of life/habability to get out the lease with out penality. But I'd assume to get moving costs covered you'd have to show you were forced out vs this being your own choice. I'm not sure how you'd prove something like that with out something like an arrest or video/photos.
Have you even approached them (management) about moving to a different unit as an attempt to resolve this with out having to break the lease? That could be a good icebreaker to start the covo, maybe little better than threaten to sue them...
I've been in a simialr situation as you, trust me it sucks and I get it.
0 Reply
Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
8y
@Mac Wildstar
Document all communications you have with your landlord, file a complaint with your local landlord tenant court system demanding a rent rebate and moving costs for not taking action on the lease violation which has resulted in a housing environment that has interfered with your reasonable enjoyment. For supporting evidence take the other tenants along as witnesses. Make sure you tell the judge that the police have refused to be involved stating it is a civil matter and the responsibility of your landlord to resolve. Your landlord is refusing to take action to enforce the lease and that your choice to rent in the building was due to the no smoking clause in th elease.
With the spreading legalisation of pot it is highly likely that all landlords owning multi units will be forced to implement a no smoking policy. This may be supported by local governments.
1 Reply
Account Closed
Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
8y
In Texas, the tenants would start calling the cops if the issue is not addressed. Depending on the city the property is located in, that can be a HUGE problem.
People in Texas still go to prison for Marijuana.
1 Reply
Krishna Chava
Specialist · Carrollton, TX · Member since 2016 · 145 posts · 100 votes
8y
As everyone pointed out it isn't easy to evict a tenant for smoking, pot or not. The problem here is not smoking but people doing it in a way that is not considerate to others. Eventual solution will be achieved by making the place less desirable for these smokers. It should be a combination of aggressive enforcement (try to evict worst offenders, even if you fail, they know you are serious), non-renewal of leases and working hard to get good quality tenants whenever vacancy happens. This takes time and I see no way around it.
I received sage advice about a related topic from my lawn mowing guy. I was complaining about tenants throwing trash and generally keeping neighborhood dirty. His answer was, once you start taking care of the property, these same people will be much more considerate about throwing trash everywhere. I started spending more on the exterior of the property and I rarely see people throwing trash.
1 Reply
Mac Wildstar
Member since 2018 · 7 posts · 5 votes
8y
Originally posted by @Matt K.:

Originally posted by @Mac Wildstar:
Originally posted by @Matt K.:

Originally posted by @Mac Wildstar:
Ok, so what can a tenant do, to the land lord (of a big apartment complex) that has said their hands are tied and cannot do anything except refuse to renew the lease (in 10 months)? Do the rest of the people in the building have to put up with these people smoking pot and making the place stink like crazy,. when there is enough circumstantial evidence to show it is that couple, (or one of them) in that unit that is doing it?
That is the problem I has a tenant have. I am ready to sue the apartment complex for breach of contract for not Enforcing a safe environment for the kids, both mine, and my neighbors. I don't want to do that as I have been here a few years and until these people moved in, we had a nice quiet building with few if any problems.
Thanks.
I would assume if you sue them then the police reports would either support or disprove your claims. Assuming the police haven't done anything then I'd wager that'd probably be a big counter point to your claims.
Now if you moved out, chances are there's probably something you could cite to get out of the lease. They'd probably threaten something and maybe take you to court but you'd probably have better chance of defeating those cliams.
Well Matt, the cops came here 3 times in the first 6 weeks they were here for domestic issues. At the same time those of us who were here, noticed the pot smell that happened only while they were here. Never happens when they are not. 3 of us have lived in this same building for over 3 years or more. Since all lease have a non usage addendum to them, we knew these folks were violating the lease. We reported this to the Complex administration who said they were doing something. Turns out they are doing nothing. THis is why I will not support recreational use when my state votes on it in November. We have 2 children under the age of 24 months on this side of the building. THEY have a 3 year old in their apartment and I have been told that I should not be around the stuff due to my medical history. If the apartment complex is not going to enforce its own contract, then I believe I have the right to break mine without penalty. I will also be seeking advice of a lawyer to see If I can force the Complex to compensate me for my moving expenses due to the breach, and due to health risks their refusal to act has created. The other tenants may have the same option. And what is worse, is I talked to the duty Sargent at our local police office today on their non emergency number, and they said its a landlord issue and don't want to get involved unless we can catch them doing it, or we call while the odor is very strong in the building. even then it will not be a high priority for them.
Again, if you're going to sue them about saftey and don't have police report backing up your claims of illegal activities leading to an unsafe enviroemnt I don't see how that's going to work?
But like I said you can probably leverage soemhting about quality of life/habability to get out the lease with out penality. But I'd assume to get moving costs covered you'd have to show you were forced out vs this being your own choice. I'm not sure how you'd prove something like that with out something like an arrest or video/photos.
Have you even approached them (management) about moving to a different unit as an attempt to resolve this with out having to break the lease? That could be a good icebreaker to start the covo, maybe little better than threaten to sue them...
I've been in a simialr situation as you, trust me it sucks and I get it.
Exactly Matt. That is why I am getting the police involved, to create the paper trail. And I have the VA medical teams profession opinion that I should not be in an area where i am being exposed to that stuff, due to health complications of my own.
I have also documented my dealings with the Apt administration, and have written statements from neighbors as to what they have done. Its all evidence to use in a court case, should I decide that I have to leave.
In the mean time, the tenants are cooperating in an effort to get these people removed.
This is why I cannot support the recreational use of MJ. I have friends who use medical MJ but those are the oils and other products, not the weed people smoke. I am fine with that.

If people are going to be allowed to smoke it where ever they want, its going to create a big problem for Housing complexes as many do not want to be around those kinds of people, the Drunks and Druggies.
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.