I live in Placer County in California.
I live in an apartment, it isn’t smoke free but the downstairs neighbors are smoking inside even though they have been told they are not allowed to. The lease says they can’t smoke if it bothers the neighbors My apartment has second and third hand smoke in it daily and has for 2.7 years. I was forced to go month to month when my lease expired 2 years ago. Now that they are raising my rent $150 dollars I am frustrated that I live in an unhealthy apartment and they are now making it cost so much more at once. I complained to the property management and now I feel like they are going to ask me to move out. I can NOT move, it is not finically or physically an option. I have compressed spinal cord in my neck and will be having major surgery in 7 weeks.
So what are my options? Can they kick me out? Do I have a way to fight it? Below is more detail.
I moved into my apartment in May of 2013 with my two kids, I never had any complaints against me or from me. In January of 2016 my apartment started smelling like cigarette smoke to the point that our clothes started to smell like smoke when we were out of the apartment. I went to the office and complained that my neighbors were smoking so much that my apartment smelled horrible. I was told that that was not possible, that the apartments are not connected in any way. I invited management to come smell my apartment. They then asked the neighbors to try and open a window when they smoked. That did not help. Then management told them to get air filters and see if that was going to help. About four weeks later with no change I went back and was told they were waiting for the air filters to be delivered. A few days later with no change there was no mention of the air filters even thought I was told I would be told when they got them so I can see if there was any change. Then they decided to make them smoke outside so then they started throwing their cigarette butts all over the landscaping when management was picking them up the downstairs neighbors said the weren’t theirs even though they were the same brand and I have seen them do it many times. One time the male that threw it towards me without putting it out first. I was told at one point the male was dying and couldn’t go outside to smoke every time so could he please smoke on the patio a few times a day and I agreed. Then they would throw the butts over the wall, when management told them they again said the weren’t theirs. The male started smoking in the breezeway around the corner at the bottom of the stairs. I saw him there several times and he would put out his cigarette butts out on the wall. when management spoke to him he said it wasn’t him. One day their was human urine at the bottom of my stairs. I went to the office because I thought maybe there was a sewage leak because of where it was. Without being asked the male told management it wasn’t him. One night when my bedroom was full of smoke my daughter who was 17 at the time went downstairs and got a poor quality video of the female smoking in her window. Management claimed that wasn’t proof. The male invited management into their apartment to smell it and then management came up to talk to me and when asked if it smelled bad she said oh yeah, something will be done. A few days later I was told there was no smell and nothing would be done. So now they are still smoking outside for the most part but several times a week my room is full of smoke. Recently my daughter was in my room and it was full of smoke so she yelled to me that the old lady was smoking. I went in to smell and she was right. I got shoes on and went out the door and the old lady was walking out the door with a lit cigarette so she must have heard my daughter.
In May of 2016 when my lease expired i was told I couldn’t sign a lease that I had to go month to month. It was made clear that if I complained more I would get asked to move out. That was why the wouldn’t let me sign a lease.
I live in an apartment, it isn’t smoke free but the downstairs neighbors are smoking inside even though they have been told they are not allowed to. The lease says they can’t smoke if it bothers the neighbors My apartment has second and third hand smoke in it daily and has for 2.7 years. I was forced to go month to month when my lease expired 2 years ago. Now that they are raising my rent $150 dollars I am frustrated that I live in an unhealthy apartment and they are now making it cost so much more at once. I complained to the property management and now I feel like they are going to ask me to move out. I can NOT move, it is not finically or physically an option. I have compressed spinal cord in my neck and will be having major surgery in 7 weeks.
So what are my options? Can they kick me out? Do I have a way to fight it? Below is more detail.
I moved into my apartment in May of 2013 with my two kids, I never had any complaints against me or from me. In January of 2016 my apartment started smelling like cigarette smoke to the point that our clothes started to smell like smoke when we were out of the apartment. I went to the office and complained that my neighbors were smoking so much that my apartment smelled horrible. I was told that that was not possible, that the apartments are not connected in any way. I invited management to come smell my apartment. They then asked the neighbors to try and open a window when they smoked. That did not help. Then management told them to get air filters and see if that was going to help. About four weeks later with no change I went back and was told they were waiting for the air filters to be delivered. A few days later with no change there was no mention of the air filters even thought I was told I would be told when they got them so I can see if there was any change. Then they decided to make them smoke outside so then they started throwing their cigarette butts all over the landscaping when management was picking them up the downstairs neighbors said the weren’t theirs even though they were the same brand and I have seen them do it many times. One time the male that threw it towards me without putting it out first. I was told at one point the male was dying and couldn’t go outside to smoke every time so could he please smoke on the patio a few times a day and I agreed. Then they would throw the butts over the wall, when management told them they again said the weren’t theirs. The male started smoking in the breezeway around the corner at the bottom of the stairs. I saw him there several times and he would put out his cigarette butts out on the wall. when management spoke to him he said it wasn’t him. One day their was human urine at the bottom of my stairs. I went to the office because I thought maybe there was a sewage leak because of where it was. Without being asked the male told management it wasn’t him. One night when my bedroom was full of smoke my daughter who was 17 at the time went downstairs and got a poor quality video of the female smoking in her window. Management claimed that wasn’t proof. The male invited management into their apartment to smell it and then management came up to talk to me and when asked if it smelled bad she said oh yeah, something will be done. A few days later I was told there was no smell and nothing would be done. So now they are still smoking outside for the most part but several times a week my room is full of smoke. Recently my daughter was in my room and it was full of smoke so she yelled to me that the old lady was smoking. I went in to smell and she was right. I got shoes on and went out the door and the old lady was walking out the door with a lit cigarette so she must have heard my daughter.
In May of 2016 when my lease expired i was told I couldn’t sign a lease that I had to go month to month. It was made clear that if I complained more I would get asked to move out. That was why the wouldn’t let me sign a lease.
