cannabis smoking

[Allergic to pot]

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

I know cannabis is state legal but not Federal, But here is my question I live in an apartment that has only four tennant spaces. A person moved in below me and smokes cannabis all the time. My delima is I am allergic to it and the building I live in was built in the 40's ( part of the old Lowry base) at that time but no longer. I work from home and the smell of it most of the time makes me ill and I cant sleep because it henders my breathing at night sometimes I get up at 2 am because I cant breath and other times I get a rash or hive. Never had this until the tenant below me started smoking it. By state law it is allowed in residential but apartment are community living or is that the same thing. I really cant afford to move because it will be more money and have to change business locations which will also cost to move. I know on the federal level a lease is federal. Do I have any recourse on my end the tennant says it is legal and he has every right to do in his dwelling.

 

[quincy]

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

I know cannabis is state legal but not Federal, But here is my question I live in an apartment that has only four tennant spaces. A person moved in below me and smokes cannabis all the time. My delima is I am allergic to it and the building I live in was built in the 40's ( part of the old Lowry base) at that time but no longer. I work from home and the smell of it most of the time makes me ill and I cant sleep because it henders my breathing at night sometimes I get up at 2 am because I cant breath and other times I get a rash or hive. Never had this until the tenant below me started smoking it. By state law it is allowed in residential but apartment are community living or is that the same thing. I really cant afford to move because it will be more money and have to change business locations which will also cost to move. I know on the federal level a lease is federal. Do I have any recourse on my end the tennant says it is legal and he has every right to do in his dwelling.

Is the tenant smoking in any common areas or is the smoking contained to his apartment?

Have you addressed the issue with the landlord?

 

[TheGeekess]

Have you thought about purchasing an air filtration system?

 

[Allergic to pot]

Only his apartment, but agin it is an old building and the smoke comes up through the walls and connecting vents. It is like a duplex but two on top.

 

[LdiJ]

Only his apartment, but agin it is an old building and the smoke comes up through the walls and connecting vents. It is like a duplex but two on top.

What has been a godsend for me and my allergies (which were always worse at night) is to be on a sleep apnea machine. I breathe nothing but filtered air while I am sleeping and it has been wonderful. They are not cheap but if you can convince your doctor to prescribe one for you without having to do a sleep study your insurance might cover it.

 

[Allergic to pot]

Have you thought about purchasing an air filtration system?

I did, I bought a whirlpool wisper 510. set me back a little over $100. not including extra filters. If I wasnt alergic to it I could probably live with it but it makes me sick and hard to breath. And to wake up itchy or a little swollen.

 

[Allergic to pot]

I did sign a lease with the management when I moved in and the lease is a federal document and cannibus is still a federal offience. Can the land lord use that to get him to stop? as well I work from home and I can smell the skung smell on my furniture and everything I have had friends come over and smell it on my couch rugs and other things. This the reason for the rashes I have to wash my bed linnens every other day.

 

[Allergic to pot]

What has been a godsend for me and my allergies (which were always worse at night) is to be on a sleep apnea machine. I breathe nothing but filtered air while I am sleeping and it has been wonderful. They are not cheap but if you can convince your doctor to prescribe one for you without having to do a sleep study your insurance might cover it.

I work from home as well might be ok at night but what about the rest of the time? Not to mention the smell is on everything I own.

 

[LdiJ]

I did sign a lease with the management when I moved in and the lease is a federal document and cannibus is still a federal offience. Can the land lord use that to get him to stop? as well I work from home and I can smell the skung smell on my furniture and everything I have had friends come over and smell it on my couch rugs and other things. This the reason for the rashes I have to wash my bed linnens every other day.

Where did you get the idea that a lease was a federal document? Landlord/Tenant law is NOT federal.

 

[quincy]

Only his apartment, but agin it is an old building and the smoke comes up through the walls and connecting vents. It is like a duplex but two on top.

If the apartment leases do not address smoking (either marijuana or tobacco), then the landlord cannot take action against the tenant for smoking. It would not be a violation of the lease. And it is not illegal in your state.

You can address the matter directly with the tenant (to see if he is sympathetic to your health concerns), or you can address the matter with the landlord, or you can use the methods provided by LdiJ and TheGeekess to aid your breathing.

Your apartment is not a federally-regulated building, is it? Federal housing would be different.

Good luck.

 

[Silverplum]

Why do you think your apartment lease is a federal document?

 

[Allergic to pot]

Where did you get the idea that a lease was a federal document? Landlord/Tenant law is NOT federal.

Bottom of the page says Federal document in fine print with the code numbers of the document.

 

[Allergic to pot]

If the apartment leases do not address smoking (either marijuana or tobacco), then the landlord cannot take action against the tenant for smoking. It would not be a violation of the lease. And it is not illegal in your state.

You can address the matter directly with the tenant (to see if he is sympathetic to your health concerns), or you can address the matter with the landlord, or you can use the methods provided by LdiJ and TheGeekess to aid your breathing.

Your apartment is not a federally-regulated building, is it? Federal housing would be different.

Good luck.

But the law aso state it is legal in your residence (a home) apartments are community residences.

 

[LdiJ]

Bottom of the page says Federal document in fine print with the code numbers of the document.

Is it Section 8 housing? Do you have a rent subsidy? If not, I suspect that your landlord merely downloaded a lease template from a federal source. That does not make landlord/tenant law federal in any case. If its Section 8 it merely means that the landlord has to follow certain federal rules in order to participate in Section 8 housing.

 

[Allergic to pot]

Is it Section 8 housing? Do you have a rent subsidy? If not, I suspect that your landlord merely downloaded a lease template from a federal source. That does not make landlord/tenant law federal in any case. If its Section 8 it merely means that the landlord has to follow certain federal rules in order to participate in Section 8 housing.

Not section 8 houseing.