Apartment Complex Needs to Enforce Lease

[CBrown1954]

What is the name of your state (only U.S. law)? Washington State

The apartment complex/building we live in has a lease that states no smoking on the premises. It is also in house rules. Management has said that includes the apartment including deck and/or patio and all other parts of the building. Smokers are supposed to leave the building completely to smoke. About a third of the residents smoke including our new neighbor in their apartment and on their deck. The smoke drifts into our apartment. Management says their is nothing they can do. Do we have any options? We do not want to move.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Washington State

The apartment complex/building we live in has a lease that states no smoking on the premises. It is also in house rules. Management has said that includes the apartment including deck and/or patio and all other parts of the building. Smokers are supposed to leave the building completely to smoke. About a third of the residents smoke including our new neighbor in their apartment and on their deck. The smoke drifts into our apartment. Management says their is nothing they can do. Do we have any options? We do not want to move.

You as a renter, theres nothing you can do.

Would the management rather lose you or a third of the complex. ?

 

[MrJenkins]

You as a renter, theres nothing you can do.

Would the management rather lose you or a third of the complex. ?

Am I understanding you correctly that when entering a binding agreement with one of the stipulations stating that this would be a smoke free environment, that they can allow smokers without any repercussion?

What if your basis on selecting that property was due to this nature? wouldn't that be up along the lines of false advertising? I know I based my community on the fact that it was pet free. If i had to wake up everyday to a dog barking, certainly that would mean they're breaking their share of the lease, correct?

 

[swalsh411]

If i had to wake up everyday to a dog barking, certainly that would mean they're breaking their share of the lease, correct?

Yes, and you might have grounds to break the last without penalty. You could not force the management to enforce it's lease with other tenants however. You are not a party to that agreement.

I would like to know the exact wording in the lease about smoking. I have a hunch that smoking on patio isn't actually prohibited.

 

[CBrown1954]

Yes, and you might have grounds to break the last without penalty. You could not force the management to enforce it's lease with other tenants however. You are not a party to that agreement.

I would like to know the exact wording in the lease about smoking. I have a hunch that smoking on patio isn't actually prohibited.

The lease states - "Tenant acknowledges that this property has been deemed to be smoke free. Therefore there is no smoking in your apartment, in the breezeways, on balcomies or anywhere else on the premises"

The manager said there is no smoking anywhere except outside the building and away from the main entrance door.

Again, WE DO NOT WANT TO MOVE, we want to complex to abide by their own lease. It was a brand new complex and is starting to stink like an old bar.