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Should I take apartment landlord to court for not enforcing their no-smoking addendum of their lease?

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PDonnie

Junior Member
Hello! I live in the state of Virginia.

I live in a no-smoking apartment property. It is a luxury apartment community in the state of Virginia.

About 6 weeks ago, new neighbors in my apartment building moved in. Since, they have been smoking marijuana inside nearly constantly. Many, many times day and night. The secondhand smoke has been destroying my mental and physical health ever since. I have a solid paper trail of my numerous correspondences with the management office of my concerns and the scope of their responses.

I have given multiple written complaints to my property management. So have other tenants in my building who are also suffering. I've been in this property for many months now, and I'd never smelled weed in this building until these new tenants moved in. Initially, management responded promptly to my concerns. They put two notices on doors of the whole building over a couple weeks. However, since, then a couple weeks later, management has turned a cold shoulder and seemingly given up.

All the tenants know where the source of the weed is coming from. Management, however says they cant prove it. I argue that managmenent is not trying to prove it. They are now seemingly turning a blind eye, only putting up a facade that they are trying to do something about it. I suggested a property inspection of all units to locate the source of the issue, and I have not heard anything back since.

Another complication is that marijuana is now legal (in some respects) in Virginia. Management keeps throwing that in my face too. That is a red herring, however, and is irrespective of the fact that someone is smoking 24/7 in their building and breaking their lease agreement!

Late last week, I gave property management one last chance to respond to mounting a proper investigation. I reminded them how much money the overwhelming majority of residents are paying to stay in a safe, clean, beautiful community such as this. Instead, the air I breathe congests me and makes me sick. It fills my whole apartment from the source of the source unit. I fear for my health the longer this goes on for secondhand smoke... Today, I finally reached out to corporate level resident relations via email and voicemail. I said if conditions don't improve, legal action may have to be considered. So far, no response.

I've been very patient so far, and continue to suffer. Other residents are suffering greatly too. So, I reach out to this community for advice. I've never taken someone or an entity to court before. But is this a viable court case? Is this something viable in small claims? Is this something more viable in greater scope such as general district court?

Please, please, any counsel is appreciated. I'm in need. Any more details you may need, I will give.

Thank you
 


LdiJ

Senior Member
Hello! I live in the state of Virginia.

I live in a no-smoking apartment property. It is a luxury apartment community in the state of Virginia.

About 6 weeks ago, new neighbors in my apartment building moved in. Since, they have been smoking marijuana inside nearly constantly. Many, many times day and night. The secondhand smoke has been destroying my mental and physical health ever since. I have a solid paper trail of my numerous correspondences with the management office of my concerns and the scope of their responses.

I have given multiple written complaints to my property management. So have other tenants in my building who are also suffering. I've been in this property for many months now, and I'd never smelled weed in this building until these new tenants moved in. Initially, management responded promptly to my concerns. They put two notices on doors of the whole building over a couple weeks. However, since, then a couple weeks later, management has turned a cold shoulder and seemingly given up.

All the tenants know where the source of the weed is coming from. Management, however says they cant prove it. I argue that managmenent is not trying to prove it. They are now seemingly turning a blind eye, only putting up a facade that they are trying to do something about it. I suggested a property inspection of all units to locate the source of the issue, and I have not heard anything back since.

Another complication is that marijuana is now legal (in some respects) in Virginia. Management keeps throwing that in my face too. That is a red herring, however, and is irrespective of the fact that someone is smoking 24/7 in their building and breaking their lease agreement!

Late last week, I gave property management one last chance to respond to mounting a proper investigation. I reminded them how much money the overwhelming majority of residents are paying to stay in a safe, clean, beautiful community such as this. Instead, the air I breathe congests me and makes me sick. It fills my whole apartment from the source of the source unit. I fear for my health the longer this goes on for secondhand smoke... Today, I finally reached out to corporate level resident relations via email and voicemail. I said if conditions don't improve, legal action may have to be considered. So far, no response.

I've been very patient so far, and continue to suffer. Other residents are suffering greatly too. So, I reach out to this community for advice. I've never taken someone or an entity to court before. But is this a viable court case? Is this something viable in small claims? Is this something more viable in greater scope such as general district court?

Please, please, any counsel is appreciated. I'm in need. Any more details you may need, I will give.

Thank you
While it is possible that this is a viable court case, the reality of things is that if you pursue things to that extent your landlord will not renew your lease and you will end up needing to move out as of the end of your lease period.

That is the downside to taking legal action to attempt to force a landlord to honor those types of lease provisions. The landlord is not required to extend that lease beyond the initial period.
 

PDonnie

Junior Member
While it is possible that this is a viable court case, the reality of things is that if you pursue things to that extent your landlord will not renew your lease and you will end up needing to move out as of the end of your lease period.

That is the downside to taking legal action to attempt to force a landlord to honor those types of lease provisions. The landlord is not required to extend that lease beyond the initial period.
Totally understand. Which makes the situation very tough because I have to now consider my roommate's wants and needs. That makes me have to wholly change my posture and game plan because he's my best friend too. Anyway, thanks for the input.
 

PDonnie

Junior Member
Move.

What real proof do you have?
[/QUOTE


I probably will move.

Real proof, I.e. Physical, visual, eye on hand evidence proof? I have none. Other than I smell weed on the persons two times they've walked passed me and one time I was a solid 30 paces behind him and it was very pungent as I walked up the outside stairs after him...and I've smelled it just walking passed their front door pretty strongly too, as I have to walk passed their front door going up one flight of steps. But have I ever seen them chilling out on the steps, smoking weed? I don't have that type of evidence.

Circumstancial? There's mountains more of it I would tell any investigator who would bother to ask me.

What kind of real proof is property management trying to attain within their own bilateral "no-smoking" addendum to their lease? Absolutely none. They cite investigations upon resident reports, "joint responsibility" (no pun intended), etc...
 

STEPHAN

Senior Member
If you want to take your LL to court, you would, first of all, need some real proof. (Not even looking at the legal aspects.)
 

Ohiogal

Queen Bee
And even if that is true... who is to say they are not vaping it due to the fact that it is prescribed to them? Your landlord can't do anything about them using it legally. Not without being hit with a discrimination suit. And that would hit him (the LL) harder than you. And don't expect him to explain to you his reasoning. That could also be problematic for him.
 

quincy

Senior Member
Hello! I live in the state of Virginia.

I live in a no-smoking apartment property. It is a luxury apartment community in the state of Virginia.

About 6 weeks ago, new neighbors in my apartment building moved in. Since, they have been smoking marijuana inside nearly constantly. Many, many times day and night. The secondhand smoke has been destroying my mental and physical health ever since. I have a solid paper trail of my numerous correspondences with the management office of my concerns and the scope of their responses.

I have given multiple written complaints to my property management. So have other tenants in my building who are also suffering. I've been in this property for many months now, and I'd never smelled weed in this building until these new tenants moved in. Initially, management responded promptly to my concerns. They put two notices on doors of the whole building over a couple weeks. However, since, then a couple weeks later, management has turned a cold shoulder and seemingly given up.

All the tenants know where the source of the weed is coming from. Management, however says they cant prove it. I argue that managmenent is not trying to prove it. They are now seemingly turning a blind eye, only putting up a facade that they are trying to do something about it. I suggested a property inspection of all units to locate the source of the issue, and I have not heard anything back since.

Another complication is that marijuana is now legal (in some respects) in Virginia. Management keeps throwing that in my face too. That is a red herring, however, and is irrespective of the fact that someone is smoking 24/7 in their building and breaking their lease agreement!

Late last week, I gave property management one last chance to respond to mounting a proper investigation. I reminded them how much money the overwhelming majority of residents are paying to stay in a safe, clean, beautiful community such as this. Instead, the air I breathe congests me and makes me sick. It fills my whole apartment from the source of the source unit. I fear for my health the longer this goes on for secondhand smoke... Today, I finally reached out to corporate level resident relations via email and voicemail. I said if conditions don't improve, legal action may have to be considered. So far, no response.

I've been very patient so far, and continue to suffer. Other residents are suffering greatly too. So, I reach out to this community for advice. I've never taken someone or an entity to court before. But is this a viable court case? Is this something viable in small claims? Is this something more viable in greater scope such as general district court?

Please, please, any counsel is appreciated. I'm in need. Any more details you may need, I will give.

Thank you
Because of no-smoking laws in the Michigan community where I have rentals, I changed my leases to include “smoke free” provisions. You should carefully read your lease where it speaks to smoking and the actions management will take should the smoking prohibition not be adhered to. Look at the provisions on how management handles lease violations.

In my leases, for example, it states that violations of the no-smoking provision is considered a material breach of the lease “subject to the default provisions and consequences” described in the lease for material breaches. Violations of the leases can result in eventual termination of a lease or eviction but my leases also say that the landlord “cannot guarantee a totally smoke-free environment at all times and cannot warranty that the environment will be free from secondhand smoke.”

Violations of provisions of leases do not always result in eviction. Landlords often issue warnings first and you might not be privy to what your landlord has done to try to remedy the problem through warnings or through other means (my office provided links to smoking cessation clinics).

An additional note that might be something to present to your management: Marijuana use can be legal (it is in Michigan) and so my leases allow for edible marijuana products but marijuana smoking is still a violation of the smoking provision.
 

FarmerJ

Senior Member
You didnt say what year the building was built BUT it may be worth looking into what the building code has to say about air movement from one unit to another thru things like shared walls where there are pipes that go into the wall ( openings where air can move from one unit to another ) to learn what building code required for sound proofing between units since insulation can also block some air flows as well. learn what is required for door insulation to stop air flow from one unit into a common hall. The idea is that if some thing code calls for is out of compliance then you may be able to get city building inspections to look at it since the same things that would reduce smell /smoke transmission from one apartment to another are the same types of things that code may call for to slow fire from spreading as well as the fires smoke that can be extremely toxic from spreading too fast.
 

FlyingRon

Senior Member
Understand that just because YOUR lease bans YOU from smoking doesn't give you any rights to demand the landlord bar others (regardless of whether it is in your lease). The lease gives the landlord the right to take action against them, not you. Unless your lease says that the landlord will provide the place as a smoke-free environment, you have no right to force him to do anything. The only option you MIGHT have is to be able to sue to break the lease on the basis of the nuisance or health violation. Note that Virginia doesn't allow such actions in small claims, only money damages up to $5000 or replevin actions.

To follow up on Quincy, yep, things are much the same in Virginia. As of last summer, you can smoke pot in Virginia, but landlords are free to enforce no-smoking policies.
 

STEPHAN

Senior Member
I had no problem evicting a tenant in FL that smoked marijuana 24/7 and had a no-smoking clause. He pulled the medical card, but our lease says the following: "However, consuming medical marijuana with a vaporizer or in cannabis edibles, tonics, or concentrates may be permitted with the prior written consent of the Landlord."

The hearing was 3 minutes.
 

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