Illegal Smoking in HUD Housing

[nonamelouise]

What is the name of your state? Michigan

I live in an apartment complex for elderly, owned & operated by HUD - Smoking is prohibited in any areas in or on this property. If you smoke you have to leave the property in order to do it.

It is stated clearly in our lease, as well as a separate paper that is included with the lease that smoking is prohibitied in any all areas of the property. If they are caught it is cause for immediate eviction. Everyone who signs a lease here has to sign the non-smoking paperwork

Had a neighbor move in less than 2 weeks ago. they smoke pretty much when they want in their apartment as well as on their patio.

I have severe asthma and allergies. This person does not care that they are smoking inside apartment as well as outside on their porch. Our apartments are very close together. I am unable to let my dog in/out without breathing in their fumes,, which throws me into asthma attack.

what is my recource? I have limitied income, Management is aware,

 

[quincy]

What is the name of your state? Michigan

I live in an apartment complex for elderly, owned & operated by HUD - Smoking is prohibited in any areas in or on this property. If you smoke you have to leave the property in order to do it.

It is stated clearly in our lease, as well as a separate paper that is included with the lease that smoking is prohibitied in any all areas of the property. If they are caught it is cause for immediate eviction. Everyone who signs a lease here has to sign the non-smoking paperwork

Had a neighbor move in less than 2 weeks ago. they smoke pretty much when they want in their apartment as well as on their patio.

I have severe asthma and allergies. This person does not care that they are smoking inside apartment as well as outside on their porch. Our apartments are very close together. I am unable to let my dog in/out without breathing in their fumes,, which throws me into asthma attack.

what is my recource? I have limitied income, Management is aware,

You contacted the apartment management. That was and is your recourse.

No-smoking provisions in leases are enforced in different ways. Some landlords will give “warnings” before terminating a lease for a lease violation. A landlord generally must “catch” a tenant in the act of smoking or find indisputable signs of smoking on an inspection of the apartment unit (e.g., ashtrays, cigarette butts) before moving to terminate a lease or evict a tenant.

 

[nonamelouise]

Is there anything I can do as far as my health situation, legally to keep ahead of this?

 

[nonamelouise]

You contacted the apartment management. That was and is your recourse.

No-smoking provisions in leases are enforced in different ways. Some landlords will give “warnings” before terminating a lease for a lease violation. A landlord generally must “catch” a tenant in the act of smoking or find indisputable signs of smoking on an inspection of the apartment unit (e.g., ashtrays, cigarette butts) before moving to terminate a lease or evict a tenant.

What else can I do? Its to the point where I have to put a mask on to let my dog out. Cant leave my door open to enjoy fresh air because I never know when they are going to be smoking, for running the risk of an asthma attack.

 

[quincy]

Is there anything I can do as far as my health situation, legally to keep ahead of this?

I suggest you ask your personal physician for recommendations. You should also be keeping good records of your health issues that you believe can be traced directly to the secondhand smoke. A lawsuit against your landlord is not necessarily out of the question if smoking on apartment area premises persists.

 

[adjusterjack]

What else can I do?

I suggest consulting an attorney. Might be worth a few hundred dollars to have an attorney send a letter to the building owner (not manager) about a potential lawsuit.

 

[FarmerJ]

You told management so now put it on paper in a real letter and in the letter outline your concerns and make a copy for your records and send the letter via confirmed mail delivery or at the minimum via certificate of mailing, those are the two lowest cost ways to send mail that gives you a receipt that shows that you have sent to someone mail and staple your receipt to your copy of the letter this way you have a provable way to show a court that you had in deed complained in writing.