A.I. from New Jersey writes:
Dear Mister Condo,
Hi, our downstairs neighbor who rents, smokes marijuana indoor and sometimes with his friends and the odor seeps into our apartment. We spoke to the landlord and the self-managed board, both of them aren’t willing to do anything since we are allowed to smoke indoor and the neighbor downstairs claims he has a medical marijuana card. We spoke to the police and they said their hands are tied and they can’t do anything if they are doing it indoors. I have a 7-year-old child and I don’t want him to inhale the smoke. What are my options? I can’t even sell my condo since the buyers will smell marijuana once they come in.
Mister Condo replies:
A.I., I am sorry to hear of your plight. The legalization of marijuana has had many unfortunate consequences at condominium and other areas where high density housing exists. It is a question of who’s rights take priority. Is it your neighbor’s right to smoke marijuana or your right to enjoy clean air within your home? Obviously, I side with you but that is because I don’t smoke. I am sorry that your Board isn’t willing to take a stand on the matter. I believe that they are incorrect in their lack of ability to do anything. Many condominiums across the country have banned smoking within their buildings – even within the individual units. If they refuse, you have two choices. Speak to an attorney to see if you could bring suit against the Board to enforce your right to peaceable enjoyment of your unit. If the idea of suing your Board is uncomfortable or unlikely, you might consider selling You say that would be a problem but I beg to differ. There are plenty of potential buyers who smoke. In fact, that might just be your best advantage. You could advertise that your unit is smoking and marijuana friendly. I am guessing that just might be the edge you need to sell your unit to the right buyer. All the best!
We don’t see what state you are from, my state of CT does have some laws to protect residents, so perhaps starting with your attorney general’s office, your legislators, find out if there are any laws that protect residents from the smoke from other units. That still may not be enough help when a board doesn’t care or is resistant.
My complex has had a problem with it, in fact, two different neighbors of mine smoked so much pot that it filled my unit to the point, the board was accusing me of smoking it, as there was so much smoke it was going out under my door into the hallway, also the investor owner on the board knew it was his tenant, so he was protecting his interest.
If you find out you have no rights, I’d say prepare to move, as it can also be smoking cigarettes when someone else moves in, and when investors have hijacked the your complex by being on the board, it can be hard to overcome, even to get them off the board. And yes, they will advertise their rents that don’t say “no smoking,” so adverse selection will mean you will get smoking renters moving in almost every time.
Also, you may have other neighbors who have been impacted by the pot smoke, and if you can join forces you may prevail, and not have to sell and move. I lucked out in that both investor owned units were sold to owners who are non-smokers of anything, but you may not have the luxury of time and luck with a child, I wore a N95 mask in my unit even to bed, as they liked to smoke esp late at night. When you are at a complex they don’t care, you can spend thousands and thousands. Attys in our area are $350 p/hr min and want a retainer of $5-10K. I’d spend the money to get out and don’t look back.