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Can a landlord change rules and regulations to say that residences

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Can a landlord change rules and regulations to say that residences (in addition to common areas) are smoke free where nothing of any kind is permitted to be burned or emitting smoke in the building, except for the responsible use of candles within residences. We smoke e-cigarettes and burn incense and a neighbor has complained about smelling it in their apartment above us. It's really the incense we think that has been bothering them.
Thank you, Sara

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a lease agreement in place or are you a month to month tenant?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

A lease agreement

Customer: replied 3 years ago.

We have a lease agreement in place

I see. Thank you for providing this additional information, Sara.

A landlord cannot change the terms of the lease agreement until the lease expires so it would depend on whether your lease with the landlord provides them with the right to modify their policies or not.

Most leases would not typically permit a change of this nature since it is so restrictive of your use of the premises and a landlord could not evict you for failing to abide by the policy as long as your lease remains in place.

However, if the incense is a nuisance to the neighbors, I would typically try to work that out and agree to limit your use of it in a manner which does not bother them as they could potentially pursue legal action if you are creating a nuisance which interferes with their quiet enjoyment of their leased property.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.

The lease reads as follows about this:


 


RULES AND REGULATIONS: Tenant agrees to abide by such necessary and reasonable regulations as may be promulgated
during the term of this Agreement by Landlord, provided that the purpose of said rules, which shall apply to all Tenants, is to promote
the appearance, safety, and convenience of the premises for the welfare of all Tenants, to preserve Landlord's property from abusive
use, and to fairly distribute services and facilities to all Tenants. Tenant shall be provided with a copy of the written Rules and
Regulations now in effect and shall be given thirty (30) days written notice of any changes.


 


I'm attaching the New Rules.

Attachment: 2013-11-15_224225_riley.pdf


 


Here is the email correspondence:



Begin forwarded message:



From: Cory Moran <[email protected]>
Date: November 14, 2013 at 8:04:55 AM CST
To: Monica Monica <[email protected]>
Subject: Fwd: A problem at the Riley Bldg.


Begin forwarded message:



From: "Brian Nicol" <[email protected]>
Date: November 14, 2013 at 8:01:50 AM CST
To: "'Cory Moran'" <[email protected]>
Subject: FW: A problem at the Riley Bldg.




Cory & Monica:



First of all, for the record, below is the brief response from Angela to our e-mail. As you can see it was sent yesterday at 9:47 a.m. It was the only communication we had with them yesterday. No phone calls, questions or conversations. Then like you and everyone else in the building, we got the official notice around dinner time.


Around midday yesterday we were absolutely delighted because for the first time in about six weeks the air in our apartment seemed to be scent-free again. We even began to remove some of the blankets and pillows we had placed along the wall. We turned off the fans. But then later that afternoon a new smell invaded. By evening it had pretty much taken over our apartment, back to front, with special concentration in our utility room, where we used to be able to hang our jackets and coats. At about 10 o’clock in the evening it was so bad in our bedroom we had to leave the room. It returned this morning around 7 a.m. to begin our day.


The smell may be new—e-cigs? a different aromatic?—but the effect on us is the same: irritating the eyes and nostrils, making us cough and gag, getting on everything.


We’re not sure what’s going on this time. Maybe you’ve found a loophole in the Inland Pacific notice. But I want to make one thing perfectly clear and unequivocal, no loopholes: We do not want your vapors, scents, smoke, aromatics, etc., in our home, no matter what the means of delivery—e-cigs, incense burner, atomizers, plug-ins, etc. If it is “vaping” you’re doing, please take it outside.


We’re not sure why you’re assaulting our peaceful life in the apartment we love. We’ve been here nearly 11 years and have never experienced anything like this. If your goal yesterday was to piss us off, it worked.



I’ll wait for your response and then forward this message and yours to Inland Pacific.



B & C






Brian,







You should have let us know about this awhile ago. A notice will go out today regarding this issue.







Have a good day,






(Realized I might have sent this to the wrong e-mail address yesterday. If not, sorry for the duplication. Brian)





Justin & Angela:



Colleen & I and Cory & Monica, our neighbors below us on the east side (#406), are at an impasse concerning a problem that has been ongoing for several weeks. We have exchanged many e-mails and had discussions but cannot come to an agreement. If you read our e-mails from earlier today, staring with the bottom one, you’ll quickly see what it’s all about. Also, we’ve outlined a possible solution in those e-mails, one that would require action by Inland Pacific and the bank. Please let us know if you can help out. The status quo is definitely not working. (I’ve copied Cory on this e-mail.)



Brian






Sorry. I haven't been checking my personal email. Just getting caught up.







Monica has been limiting it to twice a day. After reading your thank you email I thought we had found the solution!!







And then I read this one. I'm really sorry that still was too much. How can I help with the seal? I think that if we could start underneath from our apartment we could really get the gaps good and filled. I'm more than happy to assist. It's probably something they should have done during construction anyway. I think the whole building could use it!







Sorry this is still an issue. Let me know how I can help and have a good week.







Cory





Cory & Monica:


Well, I guess I was a bit premature with my Thank You e-mail sent yesterday morning at about 9. Shortly thereafter, the incense began and continued on and off all day. Then in the evening it was nearly steady, front of our apartment to back. And it’s begun again today, of course. We can’t take it anymore. It’s making us sick. Yes, you have the right to have scented incense smoke/vapor in your home. And we have the right not to have it in ours. We’ve tried to keep it out—the fans, the open windows, pillows and blankets along the wall. Nothing works. You can try different aromas/flavors but even if it’s chocolate, strawberry or Jack Daniel’s, it’s still incense—scented smoke/vapor—coming into our home, steadily, regularly.


We’re out of options. As much as I didn’t want to do this, we’re going to contact Justin and ask him (and the bank) to see if they can somehow fill the gap between our floor and the east wall bricks, where we assume most of it is coming up. I’ll copy you on the e-mail we send to Justin.



Brian & Colleen







Hello again, Sara.

Given the provision in the lease agreement and the fact the smoke free policy was already in place, the landlord could typically modify the regulations within 30 days notice. However, since e-cigarettes emit no smoke, I would typically argue they are not covered by the policy and you would be free to use those, although the incense would be prohibited.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

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