Employee smoking pot

[downtheladder]

What is the name of your state? IL

Landlord is in denial most of the time that his employees smoke pot while working. Manager admitted only his maintenance guy was in in the hallway. I have asthma. This is supposed to be a smoke free building. I am already trying to move out with my voucher. I already am having issues with my landlord on the smoking issues. He does little to solve the problem. I've complained to local officials. Police said marijuana is legal but understand my concern about the smoking indoors.

 

[zddoodah]

Interesting story. Do you have a question?

If you do have a question, please include the following information:

Do you have a long-term lease or are you a month-to-month tenant? If the former, when does the lease term expire?

 

[downtheladder]

It's a year term. Everyone has signed a no smoke or drug policy here. One guy recently got kicked out. Yet there is still a few others that don't follow the rules yet management has done little to address those he favors or likes. I'm pretty sure the maintenance guy was smoking. As soon as I opened my door of my apartment , the maintenance guy shut the door to the break room and the pot smell eventually went away. Management said another employee walked the hall didn't smell much pot. So I really don't know why they are lying. As the manager said the maintenance guy was the only one in the hall at the time I told the manager.

Everyone is in the process of signing up a new lease with the manager. Everyone is tied to federal HUD funds to help pay for most of the rent.

 

[quincy]

It's a year term. Everyone has signed a no smoke or drug policy here. One guy recently got kicked out. Yet there is still a few others that don't follow the rules yet management has done little to address those he favors or likes. I'm pretty sure the maintenance guy was smoking. As soon as I opened my door of my apartment , the maintenance guy shut the door to the break room and the pot smell eventually went away. Management said another employee walked the hall didn't smell much pot. So I really don't know why they are lying. As the manager said the maintenance guy was the only one in the hall at the time I told the manager.

Everyone is in the process of signing up a new lease with the manager. Everyone is tied to federal HUD funds to help pay for most of the rent.

What exactly does your Smoke Free Policy agreement state about violations of the policy?

My rentals are all smoke-free and smoking in violation of this policy can result in the termination of a lease. However, I have in my lease agreements a clause on the no smoking policy that says in part: “Landlord shall take reasonable steps to enforce the terms of this [smoke free policy] agreement upon receipt of a written notice from a Resident concerning a violation, and/or on its own initiative when Landlord or Landlord’s agents observe a violation of the smoke-free policy. Landlord shall take reasonable steps to maintain a smoke-free environment but cannot guarantee a totally smoke-free environment at all times and cannot warranty that any residence will be free from second hand smoke.”

In other words, there might be little you can do to force your landlord to enforce the no smoking policy if the landlord does not actually witness a specific resident smoking. Smoke permeates the air so tracking the source can be difficult. And a landlord cannot terminate a resident’s lease on suspicion alone.

Read over your lease agreement to find the wording of the no smoking policy.

 

[AlmostThere]

What exactly does your lease say about smoking?

 

[quincy]

The exact wording of the lease provision on no-smoking is important. I would be very very surprised if the landlord hasn’t relieved himself of responsibility for violators somewhere in the terms of the lease, however.

 

[zddoodah]

If your lease is about to expire and you don't like how the place is managed, this is your opportunity to move.

 

[quincy]

If your lease is about to expire and you don't like how the place is managed, this is your opportunity to move.

Quite frankly, moving might not be much of a solution. downtheladder is apt to find the same conditions that exist in her current rental in other “smoke free” rentals.

 

[commentator]

And do not forget that good maintenance employees are harder to find than new tenants, even if they have a few bad habits. I suspect that if the maintenance guy has smoked pot recently, though not on the premises, he would still reek. And since marijuana became legal in Illinois, I have noticed that there are many people you run into that have a very strong smell of recently smoked pot. I also have asthma and a very acute sense of smell, so I understand your situation, but I'd suggest you try your luck at another place, since there is very little else you can do to force compliance third-hand.

 

[downtheladder]

It seems more people smoke at or around complex where I live then up town. Down south meth or pot was used but never smelled it. People had more decency in the southern parts. Unless of course they were at their own home etc.

All I know is they have to catch someone at least smoking. The lady employee smokes outside with the pot smokers at times. I think she doesn't like me. So she will likely deny anything. I have reached out to a hud contractor that oversees the property I have problems. They haven't done much about much here- just repeat my concerns anonymously to management where I live.

Management did evict one guy recently over his smoking and drug activity that I and a few other tenants had issues with.

 

[quincy]

It seems more people smoke at or around complex where I live then up town. Down south meth or pot was used but never smelled it. People had more decency in the southern parts. Unless of course they were at their own home etc.

All I know is they have to catch someone at least smoking. The lady employee smokes outside with the pot smokers at times. I think she doesn't like me. So she will likely deny anything. I have reached out to a hud contractor that oversees the property I have problems. They haven't done much about much here- just repeat my concerns anonymously to management where I live.

Management did evict one guy recently over his smoking and drug activity that I and a few other tenants had issues with.

Try to see if you can take a video of the smoker(s) next time. Smell alone is not enough for a landlord to support a lease termination. As commentator said, smoke smell clings to clothing and does not (necessarily) indicate an on-premises use of tobacco or marijuana.