Can we be evicted because of our neighbors smoking?

[katacrow]

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

My neighbor across the hall and his wife are chain smokers. They constantly leave cigarette butts, ashes, beer cans, and other trash in the hallway. The property manager of our apartment complex just came to my door and threatened she would be forced to terminate the lease of the entire floor (4 apartments) if they didn't find out who was smoking in the hallway because they couldn't just 'pick and choose' who was responsible. My neighbors used to actually have camping chairs in the hallway and would sit out there and smoke. A maintenance woman previously asked if I knew who the chairs belonged to and I told her they weren't mine. She threw the chairs out, and we received a notice about it via email. I went to the office to address the issue and thought it had been taken care of. I'm not a smoker, I don't leave trash anywhere, and I feel like my household is being harassed for someone else's wrong doing. I also don't feel like it's my job to report anything to management that I don't choose to, nor to advise my neighbors as to what they should and shouldn't be doing (as the property manager suggested.) It's not my problem and I want them to leave us alone. If they have a bad tenant, isn't it THEIR responsibility to deal with it and not mine?

 

[justalayman]

if you have a lease and the term has not expired, if they sue to evict, you go to court and defend yourself. A LL cannot terminate a lease without cause.

 

[Just Blue]

if you have a lease and the term has not expired, if they sue to evict, you go to court and defend yourself. A LL cannot terminate a lease without cause.

Non-Legal;

You could have just stated that the pigs across the hall were causing the problems.

 

[STEPHAN]

Even if you do have a longer lease, be aware that the LL does not have to renew your lease after it expired.

I would cooperate with the LL if I wanted to stay.

I would be happy that I have a LL that cares.

 

[BL]

The LL can not do anything if they do not know the offenders. Even if you report it's them ,the LL has to confirm the tenants some how. I would report the tenants,it may save you from " harassment".

I lived in a no smoking place and reported offenders in a written complaint as per written instruction. The manager said herself and maintenance were up there and didn't smell anything . They smoke as well. Bet they were up there for less than 5 mins. when smoking was not occurring .

Manager said it has to be proven.

 

[Gail in Georgia]

"Non-Legal;

You could have just stated that the pigs across the hall were causing the problems"

Seems like the most obvious and common sense approach and a whole lot easier than going to court over this matter....and if the OP faces an eviction notice it WILL become "their" problem.

Gail

 

[LdiJ]

"Non-Legal;

You could have just stated that the pigs across the hall were causing the problems"

Seems like the most obvious and common sense approach and a whole lot easier than going to court over this matter....and if the OP faces an eviction notice it WILL become "their" problem.

Gail

But would any rational apartment manager actually attempt to evict an entire floor over something like this? I agree that the OP should simply tell...but is this actually something that COULD happen?

 

[BL]

The proof is on the LL for a violation of the lease , or rules.

I'd like to be a fly on the wall in the court room if they tried to evict all the tenants on the floor.

 

[katacrow]

My husband and I work opposite shifts, leaving me home alone most of the time. My neighbor has put holes in the wall in the hallway, and their apartment, which management was made aware of during their apartment inspection. I also got a notice for a lease violation for the hole HE put in the wall, and that HE admitted blame to when one of the maintenance staff was cleaning. He was kicked out of the Navy for his temper, so I'm not going to apologize for valuing my safety and not being their scapegoat.

The same staff member caught him smoking in the hallway, and I made it clear to the property manager that the gentlemen she spoke to on BOTH occasions wasn't my husband, yet the blame still falls on my shoulders. There are four apartments on the floor, but the floor is divided by swinging doors and separate staircases. The neighbors door is directly across from ours, and if I've let management know on multiple occasions that none of things in the hallway belong to us. Anyone with a grain of common sense would see the people across the hall are the only other option, yet they're cited for anything or harassed.

 

[BL]

Check and see if there is any kind of Housing agency for LL/tenant rights . Then make your LL aware of your rights in writing keeping a copy.

If taken to court for eviction ,see if the court has an office or room to help tenants out before your hearing schedule.

 

[fasteviction]

can we evicted because of our neighbors smoking?

I think you can give notification, but you cannot give a eviction notice for no reason

 

[STEPHAN]

Again, you danger is not eviction, but non-renewal. That’s why I would cooperate as much as possible with the LL – unless you want to move anyway.