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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My upstair neighbor smokes marijuana and that smell fills up

Customer Question

my upstair neighbor smokes marijuana and that smell fills up my bathroom. It seems it comes from my dryer. I have complained to management many time but he sends people with notice so my upstair neighbor stops smoking at that time.
This smell stays for hours. so two question: How to prove that it is smelling and then how to convince management to fix the vent or evict this tenant or call their landlord to evict this tenant.
I have already written note to them.
I called police and police said if they are smoking in thier apartment then police can't do anything.
Even for suing I would need evidence, how do you get evidence for smell.?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

The initial issue would be whether or not the neighbor is legally smoking marijuana in the apartment....if so, then your local police should respond to a call by you and go to the apartment and investigate and charge the person with possession of the drugs. But, if the neighbor is legally in possession of the drugs, then you would be restricted to asking the landlord to take action to seal the pipes or to prohibit the tenant from smoking in the property.

The only other alternative would be to sue the tenant and landlord for a private nuisance and ask the court to require the landlord and tenant to correct the issue as this problem is preventing your right to quiet enjoyment.

Customer: replied 1 year ago.
How would I be able to prove that there is smell? Police did not come to check for marijuana smell and instead said to talk to management.
Expert:  Roger replied 1 year ago.

The smell is one factor in determining whether there's a reason to investigate....so that should be the probable cause to allow the officer to enter the premises

Expert:  Roger replied 1 year ago.

So, I can't understand the police refusing to investigate based on the smell coming from the apartment. It may be that you need to call back and speak to a commanding officer.

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