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I live in Albuquerque NM. My neighbor is filling our common…

Hi, I live in...

Hi, I live in Albuquerque NM. My neighbor is filling our common inside hall and my apartment with POT smell/second hand smoke. My complex says that due to Medical Marijuana card law they cannot approach them to see if he has card. It is a non smoking building. I have enlisted help from security who can not knock either, but has noted smell. contacted office and asked for call back after hearing it is complicated from manager. I have had to leave my apartment Fri and then yesterday because it was so bad and I have 2 air purifiers going. I got a Dr note I am so frustrated, don't know what to do. What do you suggest?

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

It states no smoking in buildings.

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

NM not sure who I would contact.

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

I am looking for a job and I cant interview possibly smelling like skunk, and my throat raspy and eyes glazed over.

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Answered in 7 minutes by:
4/30/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,997
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. There is a point where smoke can become a "nuisance'. Let me provide an overview of the law for you so you can discuss this with your landlord.

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Customer reply replied 3 months ago
ok, the fact that it may be illegal for person and is in the lease no smoking wouldn't be helpful?
Customer reply replied 3 months ago
I would like a phone call but my phone is acting up. I will be getting another one today.
Customer reply replied 3 months ago
I may also be the only one complaining.

No worries about the telephone call.

Rental properties are subject to Fair Housing Laws. This does not mean that the Landlord/Manager must allow them to smoke in their apartment or common areas. In fact the Landlord can restrict smoking within so many feet of the apartments.

You have the right to the quiet enjoyment of your property. Based on the Doctor's letter you are being negatively impacted by the smoke. You Landlord needs to be familiar with the law as well as your rights.

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"Banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even where marijuana has been legalized by local ordinance or state statute." https://www.naahq.org/news-publications/how-handle-medical-marijuana-fair-housing

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You have a cause of action against the smoker/tenant for nuisance and damages that you have suffered from 2nd hand smoke.

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Customer reply replied 3 months ago
I am being told if they have a medical marijuana card, management cannot even ask them if they have one, and they are allowed to smoke in their home, so does it still apply. I am unable to find the law and what it means. so how is it determined. They say they cant even knock on their door to confirm where it is coming from. So do I say my rights are being violated? Sorry if I am repeating, extremely frustrated.
Customer reply replied 3 months ago
i didnt see the response above.

I am sorry what you are being told is untrue.

Under the Fair Housing Act the Landlord can ask them to smoke outside of the property and away from the units.

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Customer reply replied 3 months ago
Thank you so much. I will move forward with this information. Is there any way to get a copy of this conversation?

You can either copy and paste to a word document or ask customer service to email you a transcript. One moment while I provide the contact information for Customer Service.

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Call Customer Care

Please have your Order ID available when calling Customer Care

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You are most welcome.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars? You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you.
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Do you have any additional questions for me?

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,997
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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