Recourse for cannabis smoking fellow tenant in apartment complex
November 10, 2023 5:02 AM Subscribe
My friend is dealing with a fellow tenant who smokes and vapes cannabis quite frequently, contrary to the rules of our lease. How can she get this to stop? Special snowflake details within.
My friend's apartment is not directly adjacent to the smoker's, but the stinky air makes it into her apartment - both from inside the building (shared electrical conduit paths, dryer vents, and the like), and up from the smoker's to her window, which she can't open without getting a blast of smoke. This issue affects me and one other tenant, but it's my friend who is especially sensitive to the smoke. She and several other tenants have cosigned a letter to the property management, which they have received and acknowledged.
The property management co. has directly asked the smoker to stop, but he persists. They claim they are unable to go further without "proof," but this is difficult to obtain, and they don't seem especially interested in following up.
Cannabis is legal in our state, however, smoking of any kind is explicitly prohibited by our lease.
What else can my friend do? Please get creative. She wants to stay here, but is having health issues from the smoke.
My friend's apartment is not directly adjacent to the smoker's, but the stinky air makes it into her apartment - both from inside the building (shared electrical conduit paths, dryer vents, and the like), and up from the smoker's to her window, which she can't open without getting a blast of smoke. This issue affects me and one other tenant, but it's my friend who is especially sensitive to the smoke. She and several other tenants have cosigned a letter to the property management, which they have received and acknowledged.
The property management co. has directly asked the smoker to stop, but he persists. They claim they are unable to go further without "proof," but this is difficult to obtain, and they don't seem especially interested in following up.
Cannabis is legal in our state, however, smoking of any kind is explicitly prohibited by our lease.
What else can my friend do? Please get creative. She wants to stay here, but is having health issues from the smoke.
Where I live, the right to quiet enjoyment can be enforced at the landlord/tenant dispute board (similar to small claims court).
My next step would be a demand letter. I would ask that the landlord pay for and install air purifiers, air conditioning that allows you to keep your windows closed, professional cleaning of the hallway and your unit on a regular basis, and enforcement of the building’s rules on smoking. I’d give them two weeks to respond before complaining to the board, then file.
While a lawyer could help with this process, it’s not necessary. Write “Without Prejudice” across the top of your letter threatening legal action to make it a demand letter.
posted by shock muppet at 7:44 AM on November 10, 2023 [3 favorites]
My next step would be a demand letter. I would ask that the landlord pay for and install air purifiers, air conditioning that allows you to keep your windows closed, professional cleaning of the hallway and your unit on a regular basis, and enforcement of the building’s rules on smoking. I’d give them two weeks to respond before complaining to the board, then file.
While a lawyer could help with this process, it’s not necessary. Write “Without Prejudice” across the top of your letter threatening legal action to make it a demand letter.
posted by shock muppet at 7:44 AM on November 10, 2023 [3 favorites]
My condo has an HOA, and my husband and I are members of the HOA board, along with one other guy. About half our building is owner-occupied and the other half is long-term renters. A couple young guys moved into the rental unit next door about six months ago, and they liked to smoke weed every day in the non-smoking building.
The other board member lives off-site but does more of the administrative stuff, so he send the owner of the unit a letter than every time they were caught smoking in the non-smoking building, it would be a $250 fine. If he got that letter and told his renters, it didn't make a difference.
A month or so later, the other board member was on-site and he (who is confrontational) and my husband (who is very non-confrontational, which is why this went on for so long!) banged on their door and alerted them that this is a non-smoking building, and we can smell it in the hallway and other units, and they were going to be fined $250 each time they were caught smoking in the building.
They no longer smoke in the building. So my advice is a letter from the property management, and threaten them with a fine. The "proof" seems to be that next time it's happening, everyone in the building who is aware of it calls the property management company and tells them to come over and smell it for themselves.
posted by jabes at 8:16 AM on November 10, 2023 [4 favorites]
The other board member lives off-site but does more of the administrative stuff, so he send the owner of the unit a letter than every time they were caught smoking in the non-smoking building, it would be a $250 fine. If he got that letter and told his renters, it didn't make a difference.
A month or so later, the other board member was on-site and he (who is confrontational) and my husband (who is very non-confrontational, which is why this went on for so long!) banged on their door and alerted them that this is a non-smoking building, and we can smell it in the hallway and other units, and they were going to be fined $250 each time they were caught smoking in the building.
They no longer smoke in the building. So my advice is a letter from the property management, and threaten them with a fine. The "proof" seems to be that next time it's happening, everyone in the building who is aware of it calls the property management company and tells them to come over and smell it for themselves.
posted by jabes at 8:16 AM on November 10, 2023 [4 favorites]
I agree with pushing this on to the landlord, but someone who smokes as much as you say this person does is not going to just stop because the landlord tells them to. They are either going to go somewhere else to do this (optimal?) or start being more creative in camouflaging it (not as optimal but also not terrible?) Unless they get an eviction notice, and they will likely ramp it up until eviction day out of spite.
Also, depending on your local laws, what if it was medically necessary? Kind of like service animals in no-pet residences, are you sure there isn't a workaround they can use to continue this?
Have you tried asking them to please just blow it out the window so it's not traveling through vents across residences?
posted by archimago at 8:21 AM on November 10, 2023
Also, depending on your local laws, what if it was medically necessary? Kind of like service animals in no-pet residences, are you sure there isn't a workaround they can use to continue this?
Have you tried asking them to please just blow it out the window so it's not traveling through vents across residences?
posted by archimago at 8:21 AM on November 10, 2023
When property management asked the person to stop was it from a "you're violating the lease agreement" angle or it is possible this person doesn't even know they're bothering their neighbors? Has anyone given them a simple "hey we can smell your weed and it's kinda bothering me, do you think you could go out back or do anything to cut back on the smell? Thanks."
posted by firefly5 at 8:43 AM on November 10, 2023 [2 favorites]
posted by firefly5 at 8:43 AM on November 10, 2023 [2 favorites]
If property managment won't do anything about it and it is legal in your state then you don't have many options other than going to the extreme of moving.
posted by jmsta at 12:09 PM on November 10, 2023
posted by jmsta at 12:09 PM on November 10, 2023
I'm in favor of a non-confrontational meeting with the smoker. Describe the situation and discuss the air-filter solution. If the smoker seems unwilling to negotiate, then end the meeting with some version of "Well, we thought we'd try it this way first."
Some solutions offered upthread remain open.
Even if you believe the smoker is acting like an asshole, there's no reason for you to act like one. Take the high ground.
posted by mule98J at 8:31 AM on November 11, 2023 [1 favorite]
Some solutions offered upthread remain open.
Even if you believe the smoker is acting like an asshole, there's no reason for you to act like one. Take the high ground.
posted by mule98J at 8:31 AM on November 11, 2023 [1 favorite]
Even if you believe the smoker is acting like an asshole, there's no reason for you to act like one.
Choosing not to engage directly with an asshole in clear violation of their obligations both as tenant and as human being living in buildings with other human beings does not make one an asshole. Every tenant is paying for the management company with their rent. That’s one of the things they are supposed to do.
posted by koahiatamadl at 12:09 PM on November 11, 2023 [1 favorite]
Choosing not to engage directly with an asshole in clear violation of their obligations both as tenant and as human being living in buildings with other human beings does not make one an asshole. Every tenant is paying for the management company with their rent. That’s one of the things they are supposed to do.
posted by koahiatamadl at 12:09 PM on November 11, 2023 [1 favorite]
Choosing not to engage directly with an asshole in clear violation of their obligations both as tenant and as human being living in buildings with other human beings does not make one an asshole.
I'm sorry I wasn't more clear. Of course, choosing not to engage with the smoker does not make one an asshole. Getting up in the smoker's face and demanding they quit smoking does creep over that line. Reporting the smoker to whoever fields complaints is the correct procedure. On the other hand, attempting to solve the problem without causing hard feelings seems better, if it works, than having the landlord bang on a door.
Not stated in OP's post is whether OP knows the smoker. For all we know here on the green, the smoker may have a relevant medical reason to smoke weed. Just in case, why not take the high road before deciding the smoker is a terrible human being?
I didn't intend to get into a solution contest. I apologize for getting you so riled up.
posted by mule98J at 2:58 PM on November 11, 2023
I'm sorry I wasn't more clear. Of course, choosing not to engage with the smoker does not make one an asshole. Getting up in the smoker's face and demanding they quit smoking does creep over that line. Reporting the smoker to whoever fields complaints is the correct procedure. On the other hand, attempting to solve the problem without causing hard feelings seems better, if it works, than having the landlord bang on a door.
Not stated in OP's post is whether OP knows the smoker. For all we know here on the green, the smoker may have a relevant medical reason to smoke weed. Just in case, why not take the high road before deciding the smoker is a terrible human being?
I didn't intend to get into a solution contest. I apologize for getting you so riled up.
posted by mule98J at 2:58 PM on November 11, 2023
I think it would be much less of an issue if they were vaping each time and not smoking.
posted by kinddieserzeit at 3:46 PM on November 12, 2023
posted by kinddieserzeit at 3:46 PM on November 12, 2023
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This problem resolves when the person stops smoking, or when the person stops living in the building. Both will happen when the management company - or property owner - takes action. Keep pushing on them.
posted by NotMyselfRightNow at 6:05 AM on November 10, 2023 [31 favorites]