surprisesudden
New Member
- Jurisdiction
- Washington
I have a situation in which an apartment neighbor's marijuana smoke is significantly interfering with my ability to live-in / use / enjoy my apartment and is psychologically and physically affecting me. Let me be clear that it is not simply an annoyance, nor is it just occasional.
The smoke and fumes are affecting me in the following ways:
My life has been affected in the following ways:
Here is some additional information you should know:
I know exactly which neighbor is the offender, and I know that they signed the new "smoke free" lease and are therefore violating it. (see comments later)
Actions I've taken:
When I spoke to the management, they said that they cannot enforce the new "non-smoking" lease until the entire community is on the lease. It seems to me that if they know for a fact that this tenant is on the new lease and that this tenant is violating it, they should be able to (and should in fact) enforce it. I can understand that it would be difficult if they couldn't pinpoint who's doing the smoking, but if it's clear who's doing it, it seems straightforward.
Regardless of whether or not there is a smoke-free lease or not, based on my research I have a right to live in and use my apartment without these serious disruptions of health and schedule. If my apartment is at times dangerous to my health, unlivable, and so on, and my life is disrupted completely, the landlord should be required to rectify it.
Moving out / moving are not an option.
What I want is to figure out what I can do to get the landlord to fulfil their legal obligation to provide me with an apartment that is safe and that I can live in in peace and not have my health and sanity disrupted on a daily basis.
The smoke and fumes are affecting me in the following ways:
- Headache, nausea, burning eyes, stuffy nose, respiratory problems, shortness of breath, frequent cough, not to mention the long-term negative health effects of inhaling second-hand smoke which is proven to be toxic
- I use an APAP device for sleep apnea, and the health problems listed above are also having adverse effects on my treatment.
My life has been affected in the following ways:
- Due to the severity and frequency of the smoke, and the medical effects and dangers, I have been forced to adjust my entire life to fit around these occurrences.
- When the smoke is very strong and throughout the apartment, I have to leave the apartment and change all of my plans, or...
- sometimes I will wear a 3M respirator to enable me to stay in the apartment if there are tasks that must be completed, but it doesn't stop the eye irritation and it interferes with other activities, and it adds to the stress of the situation
- Since it affects my life and health so much, I have psychological stress and anxiety of always worrying if the smoke will start up and disrupt everything, or if I'll wake up with smoke in my room while using my APAP, or if I'll come home from the gym or from work to an unlivable apartment.
- I have actually shifted my work schedule to be a later time, so I can stay up late enough that some of the smoke partially clears out and then I can get a shower and go to sleep at like 2 or 3 am
Here is some additional information you should know:
- I have 3 large HEPA air filters running in my apartment and they do not prevent the negative effects I listed. (I spent $450 on these units and I spend $120 a month to replace the filters)
- The smoke and fumes enter my apartment through every crevice even if all of my windows and doors are closed 24 hours a day.
- I cannot open my windows or balcony door because the smoke and fumes are even stronger. Not being able to air-out my apartment is leading to terrible air quality, further health problems, and lessens my enjoyment.
I know exactly which neighbor is the offender, and I know that they signed the new "smoke free" lease and are therefore violating it. (see comments later)
Actions I've taken:
- Written note to pot smoking tenant
- Verbal complaint to management
- Written complaint to management with full details of situation and how it is medically affecting me
- Spoken to management in person after the written complaint was received
- Called community security, who came on site and confirmed MJ use by said tenant and supposedly submitted a report to management about this incident
- I have recently been keeping a spreadsheet of records of all incidents and details
When I spoke to the management, they said that they cannot enforce the new "non-smoking" lease until the entire community is on the lease. It seems to me that if they know for a fact that this tenant is on the new lease and that this tenant is violating it, they should be able to (and should in fact) enforce it. I can understand that it would be difficult if they couldn't pinpoint who's doing the smoking, but if it's clear who's doing it, it seems straightforward.
Regardless of whether or not there is a smoke-free lease or not, based on my research I have a right to live in and use my apartment without these serious disruptions of health and schedule. If my apartment is at times dangerous to my health, unlivable, and so on, and my life is disrupted completely, the landlord should be required to rectify it.
Moving out / moving are not an option.
What I want is to figure out what I can do to get the landlord to fulfil their legal obligation to provide me with an apartment that is safe and that I can live in in peace and not have my health and sanity disrupted on a daily basis.
