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What action can I take? (Apartment Lease Question)
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Long story short-ish-

We’ve lived in this apartment complex for 1.5 years. Two units. Spent a year in the first unit, a 1 bd 1 bath, and never had any issues with management, neighbors, repairmen, anything.

Moved into unit 2, a 2bd 1 bath, this past summer. Aaaaaaand all of the issues started. Some of it is to expect with apartment living. I get that upstairs neighbors are noisy. That’s fine. But what isn’t fine, that’s explicitly mentioned several times in the lease, is smoking of any kind. And our upstairs neighbors are apparently quite the pot enthusiasts. Pot in itself i’m not against.

However, the pot seeps down into our unit, completely engulfing our entire apartment. We’ve spend months calling and emailing management, and they keep telling us that, “we’ll talk to them tomorrow.”

We’re pretty fed up with this. I have asthma and other lung issues. We have a 2 month old. My wife has compromised lungs as well. And it’s just plain uncomfortable.

What action do we have? There are all of the classic stuff that makes it hard to get out of a lease, but we’re looking into the option.
Until then, or instead of that, are there any options that we can take, especially since the actions outlined as prohibited in the lease are taking place with no repercussions?

Can’t wait to buy a house soon.
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Re: What action can I take? (Apartment Lease Question) [Koala Bear] [ In reply to ]
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Tell the management about the issue. Remind them about the crackhouse laws (if you have them) for pot and quiet enjoyment for cigarettes. Neighbors will be gone in less than 6 weeks. N=2
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Re: What action can I take? (Apartment Lease Question) [Koala Bear] [ In reply to ]
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It really depends on where you live and the lease you signed. Chicago has a tenants/renters kind of bill of rights that protects the renter and the landlord for situations like this and is very explicit in calling out how to get out of a lease. If where you live doesn't have something like that then it's really up to whatever you signed.

One of the tactics I used back in the day of renting was holding out rent payments until the situation is resolved, for us it was repairs being made that we kept getting the run around on, so we put the rent in an escrow account and told the landlord once the repairs were made the account would be released to him. You gotta be careful with this one as it can get messy if the landlord wants to fight back.

The most prudent thing to do if you really can't stand it any longer is take your lease to a real estate lawyer and have it reviewed, and maybe in the interim get him to pen a letter to the landlord calling out your rights listed in the lease, that may be enough to get the attention you want without having to go farther.
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Re: What action can I take? (Apartment Lease Question) [Koala Bear] [ In reply to ]
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I lived in a condo I owned and a chain smoker moved in below us. It was awful. I ended up selling the place. He moved out before the deal closed.

The guy lied on the couch with a 5 gallon bucket for an ash tray and smoked and smoked and smoked.

Air purifiers did help some. Nothing we tried to seal the floor/ walls with worked.

Good luck. It’s infuriating.

I would ask to move apartments.
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Re: What action can I take? (Apartment Lease Question) [Koala Bear] [ In reply to ]
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Lots of good advice above. Be sure to document everything. Text everything if you can. If the smoke is a real medical problem see a doctor, get a note. If you end up in court you could get reimbursed for medical and / or use that problem to break you lease.

"The great pleasure in life is doing what people say you cannot do."
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Re: What action can I take? (Apartment Lease Question) [Koala Bear] [ In reply to ]
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Oh god just stop paying the rent for crying out loud. What are you afraid of?
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