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Marijuana smoke/smell Quiet Enjoyment

Discussion in 'Other Residential Landlord & Tenant Issues' started by luis0321, Dec 22, 2016.

  1. luis0321

    luis0321 Law Topic Starter New Member

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    I've had Marijuana smoke coming into my apartment since the tenants downstairs moved in. They were living in a 1br apartment and moved to the 2br under us. The manager wanted to move them to and upstairs apartment since he knew they smoked but the owners decided to move them there. Now our apartment gets filled with smoke almost on a daily basis. The owners have spoken with them and they say it's not them anymore which I'm 100% sure it is. The agreement states that tenants are allowed to smoke as long as they keep their windows and doors closed and nothing escapes the apartment. They do keep their windows and doors closed but it all exhausts into my apartment and I have 2 kids. What are my options besides moving? Everything is expensive and I can't afford to move. Can I withhold rent? Can I sue? I want this problem resolved.


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  2. army judge

    army judge Super Moderator

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    Unless you can PROVE IT, not just assert it, nothing changes.
    You can always call the cops when you smell the smoke of the wacky weed, again, cops can't do much unless they catch them huffing, puffing, smoking that weed.

    Withholding rent is a sure fire ticket to eviction court.

    Moving isn't to your liking, so you'll need to look into smoke removal, air purifying devices, if you plan to stay.

    The LL might be a customer, these days the weed smokers are everywhere.
     
  3. luis0321

    luis0321 Law Topic Starter New Member

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    I can call the cops and have them fill out a report stating that the unit is filled with smoke and use this as proof, correct?


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  4. army judge

    army judge Super Moderator

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    You can call the cops.
    You can ask them to document it.
    But, you're not going to make a cop do a darn thing.
    I suggest you don't tell the police what to do.
    If the potheads don't answer their door, the cops can't prove anything, either.

    Eventually, the potheads will blame it on you.

    It might be best to get air cleansing devices and ignore the dopers.
    When these people are cornered, the medical weed card gets played.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You can file a police report. You can also send notice to the landlord in writing. The latter is a way to avoid problems should the landlord decide to hold you liable for nonpayment of rent should you decide to abate a small portion. But @army judge makes a good comment about the practicality of the situation regarding calling the police. It may be best to begin with a formal written complaint to the landlord.
     

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