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AttyHeather
AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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Where i live is alot of pot smoking i hace written and spoke

Customer Question

where i live is alot of pot smoking i hace written and spoke with this new mgr and she fianlly said i was bother ing her and if "i dont like it to move"" i have severe lung problems and go to drs often for this, i cry alot im on section8 ,please advise thank you jc
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "please advise", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 11 months ago.
ok sorry we have a no smOKING POLICY IN OUR LEASE OF ANY KIND!! THESE ONE PERSON GROWS POT KEEPS FN ON INBATROOM WHICH IS VERY LOUD AND BLOWS smoke in and always says he doesnt smoke,i have wriiten countless letters i have dr letters i call office , it keeps gong on and then i hve another neighbr creepy guy who just smoke last nite and that smoke goes into my closet wow skinky!!i get too upset. she mgr is very ruse ans says she doesnt know wher the papes are to tell whos it is but we all do they bother other people too but some wont complain afraid i guess, but i guess the worse of it i live under sce 8 hud she is working under property mgnt in sf and they are here to make lots of money, ist pacifice properties. they are very bigcan u call me??
Expert:  Dwayne B. replied 11 months ago.

No, I don't do telephone calls but you will likely get an email from the website in a few minutes asking if you want a call and if you select yes it will lead you toward an Additional Services request on a phone call.

In the meantime, if the smoking is occurring in a non-smoking building and is causing you problems due to a health condition like asthma or other serious health conditions then it is a violation of the disabilities acts including he ADA and, in housing matters the FHA. That allows you to sue for an injunction, for damages, and for attorney's fees.

Suing for an injunction is an extremely complicated lawsuit and you will definitely want a lawyer to assist.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Housing Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 11 months ago.
what you have writeen is very hard for me to undersand and not vry positive i feel im not going to get anywhere i thought i had rights this is very ssad fr me and im not sure if all my wuestions wers really had thought out solutionsd i thought the atty could wrok with the mgr directlya nd the president of the corptpration,she is not enforsing the lease andrules she very nasty and not very smart whrn dealing with people i feel you gave me an very gerenic open end answer im still upset
Expert:  Dwayne B. replied 11 months ago.

No, my answers were not "generic" or "open ended" they are specific and the correct answer for your situation.

However, it sounds like what you are really trying to do is hire an attorney to meet with your manager and handle your case for you and, as all the click throughs explained, we don't do that and to get someone to represent you there locally is going to be several thousand dollars.

I'm going to opt out of this since I don't think you have realistic expectations.

Expert:  AttyHeather replied 11 months ago.

Hi I'm Heather, an attorney with 15 years experience and I'd like to assist for informational purposes.

You should consider telephoning police when you smell the pot and ask to have arrests made.

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