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: 7 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 7 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 124,312
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 7 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?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 124,312
124,312 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

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 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

1,278 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
Well I rent at an Apt community and on Thursday of last week
Well I rent at an Apt community and on Thursday of last week they put a notice on my door stating that on tues of this week the roofs will be getting done and it will last till June second , ok on Fri… read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
I am a homeowner and I rented a room to a friend section 8
Hi I am a homeowner and I rented a room to a friend section 8 but I is no longer working w how do I go about getting her pout … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I signed a year lease in December of 2015 and I currently
I signed a year lease in December of 2015 and I currently still Iive at the address. My landlord just gave me a 30 day notice to move out. Is there anyway I can appeal this in court? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
I was asking you questions before about my property that has
I was asking you questions before about my property that has multiple code enforcement issues. Code enforcement asked me if I've offered my tenants money to leave. When I told them yes and I can't see… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I'm renting a house and the owner gave us a notice to move
I'm renting a house and the owner gave us a notice to move by July 1 but they dated the letter same day we paid the rent for example we paid on Saturday and letter came on Monday and we're not having … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Can a property manager keep the security deposit if the
Hi, can a property manager keep the security deposit if the lease they bring to the table is unreasonable? I cannot in good faith sign the lease as is because it puts us in a dangerous financial posit… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a property in which the neighbor has a fens to their
I have a property in which the neighbor has a fens to their side about 1 ft. I have been the one to maintain my side for 15 years. do I have a right to the property they have never maintained. There i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I had a guest at my apt from time to time and he got
I had a guest at my apt from time to time and he got arrested in another unit the land lord wants to evict and I have done nothing he says an admenment clause is in the lease and I'm responsible for m… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have to move out of my apartment for undisclosed amount of
Have to move out of my apartment for undisclosed amount of time. All they said wa I can't move back into it as repairs are going to take many months. There is a giant redwood tree growing up through m… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can the security deposit - of a property the obligor is
Can the security deposit - of a property the obligor is renting - be garnished to pay towards child support arrearage with the owners requiring him/her to pay another security deposit to continue livi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a problem with my living situation. I moved into an
I have a problem with my living situation. I moved into an apartment on 4/4/18 and I first experienced flooding on 4/22/18, 2nd flooding 5/16/18 and 3rd flooding 5/20/18 and nothing is being done abou… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Can't I file the motion to squash since I was the one
Can't I file the motion to squash since I was the one served. If I tell my sister, doesn't that give the tenant exactly what she was trying to do my serving me in the first place.… read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
If I had a letter from my landlord giving me 60 days to
If I had a letter from my landlord giving me 60 days to leave for terminating the contract if I sue him his demand of ending the contract stops until I finish my demand for retaliation or for breac of… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,312 satisfied customers
I got disconnected I live in Wisconsin today in the mail
I got disconnected I live in Wisconsin today in the mail actually posted on my door I received a letter from the landlord saying that I have to decide by June 1st whether or not I'm staying or moving … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,867 satisfied customers
My landlord is selling her townhouse which I live in. I work
My landlord is selling her townhouse which I live in. I work the overnight shift as a nurse. After paying this months rent I have been asked countless times to wake up early for a showing or clean my … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
How much does this cost? I've signed a lease to rent an
I've signed a lease to rent an apartment and gave the money order. The landlord hasn't signed yet and I don't believe cashed the check yet, in CA, can I legally get out? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
May I ask if a land lord can avoid attaching an RSO to a
May I ask if a land lord can avoid attaching an RSO to a three day pay or quit if the RSO is posted near the mailboxes on the apartment property? … read more
socrateaser
socrateaser
1,031 satisfied customers
We are moving out and gave a written 60 day notice. My
We are moving out and gave a written 60 day notice. My landlord will not do a walk through. A few years back he claimed we took a tree stand out of the garage, we denied it. He told us we owed him $40… read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 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