How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31981
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

Can a landlord change rules and regulations to say that residences

Customer Question

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
Submitted: 9 months ago.
Category: Legal
Expert:  Tina replied 9 months ago.

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 9 months ago.

A lease agreement

Customer: replied 9 months ago.

We have a lease agreement in place

Expert:  Tina replied 9 months ago.
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 9 months 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 <XXXXX@XXXXXX.XXX>
Date: November 14, 2013 at 8:04:55 AM CST
To: Monica Monica <XXXXX@XXXXXX.XXX>
Subject: Fwd: A problem at the Riley Bldg.


Begin forwarded message:



From: "Brian Nicol" <XXXXX@XXXXXX.XXX>
Date: November 14, 2013 at 8:01:50 AM CST
To: "'Cory Moran'" <XXXXX@XXXXXX.XXX>
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






From: Rental User [mailtoXXX@XXXXXX.XXX]
Sent: Wednesday, November 13, 2013 9:47 AM
To: Brian Nicol
Subject: Re: A problem at the Riley Bldg.





Brian,







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







Have a good day,






Angela



Inland Pacific Management





P: (XXX) XXX-XXXX




F: (XXX) XXX-XXXX






On Nov 13, 2013, at 8:03 AM, "Brian Nicol" <XXXXX@XXXXXX.XXX> wrote:




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






From: Brian Nicol [mailtoXXX@XXXXXX.XXX]
Sent: Tuesday, November 12, 2013 2:38 PM
To: 'Rental User'
Cc: 'Cory Moran'
Subject: A problem at the Riley Bldg.




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






From: Cory Moran [mailtoXXX@XXXXXX.XXX]
Sent: Tuesday, November 12, 2013 10:06 AM
To: Brian Nicol
Subject: Re: We give up





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





On Nov 12, 2013, at 9:25 AM, "Brian Nicol" <XXXXX@XXXXXX.XXX> wrote:




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







Expert:  Tina replied 9 months ago.
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

Tina, Lawyer
Category: Legal
Satisfied Customers: 31981
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 9 other Legal Specialists are ready to help you
Expert:  Tina replied 9 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.