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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90940
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If a history of smoking in an apartment exists, and a tenant

Customer Question

If a history of smoking in an apartment exists, and a tenant smokes in said room, and then after the apartment managment/owners decided to make such area non-smoking, over 8 years, tenant continues to smoke anyways.Who is in the wrong? Furthermore should not cooking be included?; BECAUSE more carsoniogens are in high heat cooking. What is expostfacto.? Could one not be grandfather caused in.And what can I do about it. I am being wronged.tenant.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns.

Was the tenant aware of the change in regulations? Also, this isn't an ex post faccto situation as that only relates to laws made by the government, if this is a private apartment that changed their regulations, this isn't a 'law', it is their private regulation. Please advise.
Customer: replied 1 year ago.

I am now being made aware of the changes. A smoking law was pasted some time ago, about 6 mo ago in public places. The owners are now demanding that I sigh a No-Smoking Policy-Lease Addendum ; that I feel uncomfortable signing. I smell bacon.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

If you had no idea in the past that this was a violation, it is tough for the complex to hold you accountable in a retroactive manner. There has to be some notice to you, in writing preferably, showing that a new change was passed pertaining to your home. If there is no evidence of notice, then notice starts from the date you were made aware of the changes. But please be advised that going forward a complex can change the regulation and if you fail to comply, then that would be a valid ground for eviction. They cannot make you sign the addendum to your existing lease, but they can likewise choose to not renew your lease going forward and serve you with a notice to quit the premises.

Good luck.

Customer: replied 1 year ago.

The lease has no expiration date that I know of. They just today gave me a notice of their smoke free policy.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That actually hurts you. Most leases do expire as they are year to year if signed. If unsigned, then the law treats the lease to be 'month-to-month', and that means that the landlord can give 30 days advance notice to any changes. Then, if he changes are not signed or ignored, he could deem it to be a violation of the next period's lease that is now modified with this new language.

Good luck.

Customer: replied 1 year ago.

I smell bacon. Studies show high temp cooking are more harmful than cigarette smoke. I can see I might be forced to move, to another state because other options in this area will not be affordable. Where can I get assistance? .

Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but what does "I smell bacon" mean?

I am trying to respectfully XXXXX XXXXX any regulation, regardless of how legitimate or stupid is passed, it is still valid. There are some studies, for example, that show speeding is safer than not speeding, but that does not inherently violate speeding limits. The fact high temp cooking may be more dangerous would not invalidate the regulation. The best argument here may be to claim that if the landlord has no ventilation then his claim to you is likewise invalid, but there is no guarantee that this argument would prevail.

I do appreciate your negative rating, as I personally had something to do with your situation. Please be well.

Customer: replied 1 year ago.

It is agreed that the. Laws are for the handicapped. Just because someone cannot drive around a curve at 35mph, and we do fine at 55mph, we should all drive the gimp rate of 35mph to be equalled. I still smell bacon, studies show that there are more carsoniogens that caused cancer than cigarette smoke. Im a handy cap here, wheres my equil protection here. Or do we have selective enforcement?

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

My apologies but before I respond, could you explain your 'bad rating' so that I would know what it is that I did not clarify? Your ratings affect me and I need to understand what it is that I did not accomplish based on your initial response. Thank you.
Customer: replied 1 year ago.

 


It is a learning experience for the both of us. I am not satisfide at this point in time. Hopefully we may learn somthing. I really appreciate your efforts. Thanks Ritch

Expert:  Dimitry K., Esq. replied 1 year ago.

Ritch,

In that case I would ask that you hold off rating until our communication comes to a close as each time you rate, especially negatively, it impacts my ability to remain being able to reply to answers or provide further service.

As for your question, my apologies but being 'handicapped' does not grant you greater rights than someone who isn't handicapped. Using the speeding example, if the speed limit states 55, the fact that you are impaired does not grant you the right to go 10 miles over. Furthermore this is a PRIVATE rule that the landlord is imposing--if they want to impose a rule that does not violate state law and they provide timely notice, then you either have to honor the changes, negotiate a compromise, or leave the home. This isn't your property, it is the landlord's, and the landlord can impose rules or regulations on tenants. For example a landlord can impose a rule forbidding pets on premises, or imposes rules demanding that anyone staying overnight be first vetted and approved by the landlord. Those are all privileges that a real owner of the home can take for granted for himself, but as this is a tenancy, a tenant can be limited provided those limitations are provided in advance. What you are seeking is not equal protection but greater protection on account that you are handicapped, and that does not work that way.

Good luck.

Customer: replied 1 year ago.

I agree to your terms. This is my home we are talking about. I mind my own business and expect to be left alone. Now I feel a cold nose in my butt.I smell bacon, car exost......etc, radone. I need equil protection of the stupid man law. Im handicapped.

Expert:  Dimitry K., Esq. replied 1 year ago.

I am sorry but I do not understand what you mean.

If you are renting, then this is not 'your' home, not really. It is the landlord's, who can choose to modify conditions under which you rent, including adding addendums or modifying your rent, to name a few. If you feel that the regulation is unfair appeal to the landlord and ask for defiant terms, but it would be up to the landlord to grant--he is not required to grant you this simply because you are handicapped. He may be legally required to make his entrance ADA compliant, but nowhere is smoking listed as a disability or as some sort of a protected status where you would be entitled to something more. I realize my answer is likely unwelcome but I cannot in good conscience tell you a different answer if that answer happens to be incorrect.

Please be well.

Expert:  Dimitry K., Esq. replied 1 year ago.
I do appreciate all your 'bad service' ratings. As it appears you have no desire to engage in respectful discourse pertaining to this situation, I wish you exactly the same best wishes that you wished me. And as a consequence I will opt out from further assisting you at this time. Take care.
Customer: replied 1 year ago.

I'm sorry. I'm not very pleased. You said it is not my home because I'm renting , I disagree. It is my home because I reside there and make it such. I may not be the owner of the building but the apartment I reside in is my home. And if push comes to shove I think I would be within my rights in some cases. What I ment by I smell bacon. As I see it smoke is smoke ,why single me out while others may smoke up the building in other ways and be left alone. As far as ownership goes the entity collecting the property tax is the real owner. Every one else thinks they own their property, and they are no less a renter than I.

Expert:  Dimitry K., Esq. replied 1 year ago.
That is correct. You do not own the home because the title is not in your name. The apartment is the place you live, but it is not your property. As it is not your property, you do not get to make the rules in the property, those rules are made by the landlord who owns the unit that you reside in. As you have chosen to really argue that the property that is not in your name somehow belongs to you, which is respectfully XXXXX XXXXX argument as it has no basis in law whatsover, I will opt out and leave you to your incorrect opnion.

Take care.
Customer: replied 1 year ago.

I am not claiming the property I reside at as mine. However I do have property within my leagle residents for over 8 years that is in my name.And now they want to change ower agreement to fit most likely a majority or a minority or possibly a single interest.

Expert:  Law Educator, Esq. replied 1 year ago.
I have reviewed your discourse with the previous expert, who has opted out, but I am sorry to say the expert was correct in his responses to you.

However, you do have one recourse the previous expert did not mention to you and that is if you disagree with management's decision in this matter, you have the right to sue management in the court for interfering with your peaceable use and enjoyment of your premises, which is what the lease you have entitles you to by law.
Customer: replied 1 year ago.

And thats it? And when evicted ....I not only disagree with managements decision, I disagree with alot of others that are depriving of my liberties.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid that is it. if you disagree and have problems with all of these people depriving you of your liberties, then you have a right to sue them for depriving you of those liberties and the court is the ultimate determiner as to whether or not your liberties have been so infringed upon that you are entitled to damages and if they find you are, they will award them to you.

Like I said, if your apartment management is not allowing you quiet enjoyment of your premises, then your response to that is filing suit for them breaching that promise of the lease and the judge reviews the lease and the rule you oppose and determines whether or not the landlord is violating your rights under the lease or not. That is the purpose of the justice system, you present your evidence to the court as to why this is impairing your quiet enjoyment and then it is up to the landlord to show why this rule is a reasonable requirement and not a breach and the judge decides which one of you is right and your opinion and the attorney's opinion does not matter then only the judge's opinion matters.
Customer: replied 1 year ago.

You like the other have not learned me somthing I did not know. Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry sir that you are not happy with your legal recourse in this matter. I am afraid when one person has problems with everyone, it usually is not everyone that is the problem, but again you were told your legal recourse and you need to take that recourse in this matter and there is nothing more that we can say to you or do for you I am afraid and it is up to you to now go out and take the legal step you have available to you to remedy this situation.
Customer: replied 1 year ago.

Unfortunately I can expect the kangaroos court decisions. Not in my favor of course. There is another way I think, just need to think out of the Jerry riged box.

Expert:  Law Educator, Esq. replied 1 year ago.
I apologize that everyone around you is wrong when you are so right, but under the US system, the courts have the final say. People who think outside of the box usually end up violating the law and getting arrested, so please be careful.
Customer: replied 1 year ago.

You are telling me nothing I do not already know.That is not my way . I hear the news. What else.?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry, but we cannot tell you anything else. You say you already knew your legal recourse, that is all we can tell you is what your legal recourse would be and if you know it already then you have to go off and do what you already knew you would have to do when you came to this site.

The thing about law is we cannot make up things that do not exist in the law and the law is pretty much as it is written and all we do is tell people as it is written, we do not represent them in their cases.
Customer: replied 1 year ago.

That last statement was false. An attorney cannot run for an office, on there own merits in the state of North Dakota. The ellections are Jerry rigged. Back to the smoking issue. I do not think licensed attorney's are representing the smokers in a right full way. Thay are stacking the deck.

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