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Marijuana in my apartment

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JJJ77

New member
What is the name of your state? Louisiana
I've tried to get help from the landlord to stop the smell of marijuana smoke from entering my apartment. The landlord has threatened the tenants with notices of lease violation. Nothing else. Should I write a letter to corperate seeking moving expenses or eviction of tenets? I've been staying at relatives house because I was getting bad headaches and nasal issues from this. I recently signed a new lease hoping the issue would have been solved but its worsening.
 


Zigner

Senior Member, Non-Attorney
I recently signed a new lease hoping the issue would have been solved but its worsening.
That makes no sense. The fact that you signed a new lease shows that the problem couldn't be all that bad.
 

Just Blue

Senior Member
What is the name of your state? Louisiana
I've tried to get help from the landlord to stop the smell of marijuana smoke from entering my apartment. The landlord has threatened the tenants with notices of lease violation. Nothing else. Should I write a letter to corperate seeking moving expenses or eviction of tenets? I've been staying at relatives house because I was getting bad headaches and nasal issues from this. I recently signed a new lease hoping the issue would have been solved but its worsening.
Have you tried talking to the tenant?
 

adjusterjack

Senior Member
What is the name of your state? Louisiana
I've tried to get help from the landlord to stop the smell of marijuana smoke from entering my apartment. The landlord has threatened the tenants with notices of lease violation. Nothing else. Should I write a letter to corperate seeking moving expenses or eviction of tenets? I've been staying at relatives house because I was getting bad headaches and nasal issues from this. I recently signed a new lease hoping the issue would have been solved but its worsening.
The following appears to be the most recent information I could find about medical marijuana in Louisiana:

https://www.marijuanabreak.com/medical-marijuana-in-louisiana-everything-you-need-to-know

If the neighbor is registered by his doctor for the use of medical marijuana then there is nothing the landlord can do about it if the lease doesn't specifically prohibit its use. Read your own lease. Does is say no marijuana use? If it doesn't then it's likely that your neighbor's lease doesn't prohibit it. That means the landlord isn't going to do anything about it nor is he going to give you any money to move.

Depending on how much money you want to spend on this, you might try a "private nuisance" lawsuit:

https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=2238&context=lalrev

Or, try an air purifier.
 

JJJ77

New member
The landlord told me cigarettes is allowed but not marijuana. The smell is coming through the walls. I've already closed the vents and sealed them with a magnetic type cover. It's more than one tenant that's smoking it which makes it a little more tricky on knowing exactly which apartment it's coming from. I know it's not medical marijuana. Air purifier would increase my bills. (Purchase machines, run machines all day).
 

reenzz

Member
"I know it's not medical marijuana"

How do you know this if you can not even identify which apartment(s) the smoke is coming from?
 

LdiJ

Senior Member
The landlord told me cigarettes is allowed but not marijuana. The smell is coming through the walls. I've already closed the vents and sealed them with a magnetic type cover. It's more than one tenant that's smoking it which makes it a little more tricky on knowing exactly which apartment it's coming from. I know it's not medical marijuana. Air purifier would increase my bills. (Purchase machines, run machines all day).
Actually an air purifier machine would do more good in the apartment(s) where marijuana is being smoked. You might suggest to the management that those tenants be required to use air purifiers.
 

PAPP

Active Member
Sadly, what you can do is very little. The easiest way is break your lease and move out. If you can get a doctor's note which marijuana secondhand smoke causes you a health issue, you should get it and ask your apartment manager to improve the marijuana smoking issue with your doctor's note. Give the apartment manager reasonable time to fix it. If you want to be thorough, every time you smell marijuana in your unit, ask your apartment manager or available apartment staff to check the smell with you. You also report it to your apartment manager by email or text - a written form. One of my friends who is a lawyer had a smoke issue in her apartment and that's how she handled. If the situation doesn't improve, it makes easier for you to negotiate with the apartment manager to break your lease without penalties.

I, myself, had been through a very bad smoke issue in my apartment. I feel so much sympathy for your issue. Irresponsible smokers don't change their smoking habits. They are prone to get sneakier to continue their smoking habits instead of following the no smoking rule. Good luck.
 

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