Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I live in an age-restricted, income-based apartment

Customer Question
I live in an...

I live in an age-restricted, income-based apartment community where the management company gets federal IRS tax credits.A month ago, they sent out a notice to residents that the building is now a non-smoking building. (They probably did this to lower their insurance premiums.) I was thrilled, since the place is teeming with cigarette smokers, pot smokers and people who vape. Since that notice was issued, the smoking and vaping has increased, not decreased. We were told that any violations would be treated as a breach of the rental agreement and may lead up to termination of tenancy. Countless complaints have been submitted to the office, but staff keep saying that "unless they actually see someone smoking, there isn't anything they can do." In all fairness to the staff, they have little control or say about what happens in this building. The management company oversees everything. Most of them wait until the office closes in the evening, and for the weekends. The office staff will NEVER see anyone smoking.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Located in WA state. No one to my knowledge has yet contacted an attorney, which is why I thought I would start here

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The usual terms...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am not alone. It is all over the building (150 units). "MY" smoker (below me) is now vaping and is even worse than cigarette smoke. It is literally making me sick. It creeps in despite closed windows and sliders. It comes into hallway windows and floats down the hall. On my floor alone, it seems every 3rd unit or so does something! We're all up in arms about this and wonder why our rights as paying tenants aren't being addressed.

Submitted: 10 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 hours by:
9/29/2017
Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,810
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Landlord-Tenant Question
Lawyer: Law Educator, Esq., Attorney replied 10 months ago

If management will not take any action, then as a tenant you can sue management for breaching your lease for failure to enforce their no smoking policy within the building, which is interfering with your peaceable use and enjoyment of the premises that your lease guarantees you to receive. You need to get some evidence, such as some cell phone pictures or video of neighbors smoking in the building and testimony of some other residents that smoking is taking place and management is failing to act and you can get a court order forcing management to take action and also seek damages against the management for failure to act in the beginning.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 126,810
126,810 Satisfied Customers
Experience: Attorney with over 24 years experience.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I need legal help in Austell, Georgia but can not find a
I need legal help in Austell, Georgia but can not find a location or #. Thank you! … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I am trying to find out if the NO SMOKING rule is a Hud or
I am trying to find out if the NO SMOKING rule is a Hud or state law. I live in a hud apartment and all the smokers are still smoking after they were told it was a no smoking building as of May 1 2016… read more
Ray
Ray
Lawyer
Doctoral Degree
33,786 satisfied customers
Can a management company arbitrarily revoke a grandfather clause
Can a management company arbitrarily revoke a grandfather clause that has been in effect by them for six years. The management company is under contract with HUD. The company declared a 72 unit apartm… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,810 satisfied customers
I live in a condo unit in Northfield Illinois and I want to
I live in a condo unit in Northfield Illinois and I want to bring a law suit against my neighbor due to a problem with smoking, hatred and xenophobe phone messages. I own my unit which is adjacent to … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,810 satisfied customers
I am disabled and had to move to disability housing a couple
I am disabled and had to move to disability housing a couple of years ago. It was NOT a non smoking building or unit. they have issues a lease addendum, wanting to make it a non smoking building. I ha… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,810 satisfied customers
I have asked this question before, regarding my next door
I have asked this question before, regarding my next door neighbors (see below). There are two people in the apartment next door, (which we share a common wall), that smoke continually. I am OK with t… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
Hi. I moved into apartment in Chicago last month. Ant there
Hi. I moved into apartment in Chicago last month. Ant there several smokers in the building where their smoke comes in my apartment and the hall leading to my apartment. Is smoking in an apartment hou… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
My girlfriend and her son have a lease in an LA County apartment
My girlfriend and her son have a lease in an LA County apartment building in Playa Vista. They can't open their windows because of the constant pot smoke coming from neighbors all around, especially f… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
New York City I work five days a week and some Saturdays.
New York City I work five days a week and some Saturdays. My neighbor has accused me of smoking marijauna when I have not been home, but at work. Now the building manager tells me that the property ma… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in a low income houseing unit. Ive been her for 9 years
I live in a low income houseing unit. Iv'e been her for 9 years now when I moved in this was a smoking building. Now they are asking all of us to not smoke in on or around are building, there are many… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My current landlord, who slandered our name as tenants to a
My current landlord, who slandered our name as tenants to a potential rental property manager, sent us a non-renewal of the lease notice. This was 5 months after we sent them a 30 day notice immediate… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
Hello, my name isXXXXX am a tenant and I have a question
Hello, my name isXXXXX am a tenant and I have a question regarding smokers' rights, privacy rights,and landlord/ tenant law. Firstly, I admit that I do smoke cigarettes. I do NOT drink alcohol. I do N… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Dallas, Texas - I am in a rental apartment and the lease dictates
Dallas, Texas - I am in a rental apartment and the lease dictates that my apartment is non-smoking. There is an issue with the air conditioning that cigarette smoke is blowing into my apartment on a s… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I am a tenant and my landlord is under the suspicion that a
I am a tenant and my landlord is under the suspicion that a tenant in my wing of the building has been smoking in the residence. They have left a notification under my door sometime today after 8am an… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a real estate question; I own a condo in a high rise
I have a real estate question; I own a condo in a high rise in south Miami. My next door neighbor has rented his unit to 2 foreign college students who have been chain smoking cigarettes for an entire… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello. I live in a complex in which most of the other tenants
Hello. I live in a complex in which most of the other tenants are elderly and 15 to 20 years older than me. i've walked my cat around the property using a light leash tied to a "breakaway" collar. At … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers
What recorse do I have if I just signed my apartment(24hrs)
What recorse do I have if I just signed my apartment(24hrs) lease and the first night I discover the apartment is infested with roaches.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We are living above our landlord, who smokes. We have a 20
We are living above our landlord, who smokes. We have a 20 month old daughter and so asked him, when we moved in 4 months ago if the smoke would get into our apartment at all. He said it would not and… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x