We have just moved into a grd. flr. apt Before we signed the lease, we told the manager that we are smokers and that we do not like smoking indoors and that we like to smoke on the patio. She said that was OK, st not to smoke in common hallway and that we needed to get a patio bin for cigg butts. We complied. A week into our residency, we find out that 3rd flr neighbor has issues about cigg smoke. We offered to smoke a distance (8 yrds or so) away from our patio. But still the 3rd flr neighbor complaines. Today, we got a 30-day notice of termination (eviction) and the grounds stipulated is: we are "ndangering the health"f our neighbor by smoking in our patio after we "ave been repeatedly asked not to do do." There are other smokers in our complex who smoke on their balconies. Our 2nd flr neighbor who just moved in 4 days ago smokes too - but he likes to smoke outside. If we file a counter suit, do we have a case?
2006-09-05 18:07:37 · 4 answers · asked by Phoebhart 6 in Business & Finance ➔ Renting & Real Estate
when we signed the lease, we were given 2 pages of community rules. No where is it stated that smoking on balcony/patio is prohibited. There are absolutely no "no smoking" signs anywahere in the complex.
If we had known that smoking ciggs will be an issue, we would never have signed the lease. AND, we smoke only cigerettes - nothing else. AND there is no other issue on the table.
A
2006-09-05 19:12:16 · update #1
Always get everything in writting...If the landlord say that it is okay to smoke on ur patio..get her to sign a note stating she did say that. If she said to get a cigg thing..get her to sign that you had complied with her request. If you agreed to smoke 8yrds get the 3rd floor ppl to sign and the manager. All this things makes a case. If you had to go to court to prove that you had complied with all the requirements, then they shouldn't have a reason to toss you out. It proves u did not try to create health issuse. Another thing is if you take it to court or if you go to eviction court. You can get other neighbors to go with you, bcuz if you are the only one evicted, then there is a problem there.
2006-09-06 05:16:47 · answer #1 · answered by csabrinam 3 · 0⤊ 0⤋
As long as the landlord does everything properly, meaning the eviction notice, security deposit and such, she has the right to evict you. In most states the landlord does not need to state a reason why as long as the eviction was done properly. Unless you can prove she stated that you can smoke, the landlord will probably go by what is on the lease. Does it say no smoking? If so, that will be his/her fight, regardless of what he/she said, unless an exception was made in writing.
Although you may have a slight case but proving you even bought a patio bin for "butts" as per her suggestion, the retaliation may not be worth the fight. Your only real saving grace would be to get the rest of the smokers together to sign a notarized letter saying they smoke or even better have them show up in Court if that's what you decide to do. That would be your "proof", and you would probably win, but again, the retaliation may be worse. Today, no matter how trivial, things must be put in writing to protect yourself.
2006-09-05 18:33:05 · answer #2 · answered by Tweek 3 · 0⤊ 0⤋
dont know where you live but there are only a few states that have issues with smoking outside. you are paying rent so the property should be considerd private. go to the renters grievance board, i do believe you have a case. make sure thats the only problem there is. if you are smoking other than cigs, you might have a problem.
2006-09-05 18:13:28 · answer #3 · answered by tajura001 3 · 0⤊ 0⤋
http://www.legal-help-us.org/tenant-rights.htm Try this or look up Pre-paid legal. It used to be $25 to join and you get free consultations.
2006-09-05 18:14:20 · answer #4 · answered by miso1cat 5 · 0⤊ 0⤋