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Apartment Complex to Ban smoking

modo22

Well-Known Member
Joined
Mar 9, 2009
Messages
6,628
So my Apartment complex is looking to ban 100% of smoking on property.  And that means your deck.  I called to complain when I heard about this.  I am not one to want to piss off my neighbor and would do what ever I could to meet their needs, but when I do get a chance to relax and enjoy myself, I want a cigar on my deck.
 
And now they are telling me I can not do this?  Within 6 months they say they will try and ban it on site.  Can they do this?  I pay enough money a year to be able to do what I want on my deck with in law.  I could see asking people to respect their neighbors, but to ban something is ridiculous.  I wanted to stay there a few years, but will not resign if they do this; and I told them that up front and they seemed shocked!
 
That's absolutely ridiculous!!
Do you own? If so I would raise absolute hell.
If not... I'd just move the hell out & if they tried to hold you into your agreement, they would be screwed... I'd threaten to charge them for the move.
 
Well if you own a condo it probably because 3-4 peoples in the comitee decided they dont want anyone on the complex to smoke without asking no one. Classic condo frustration. The only way around is to be part of he said comitee (wich should have yearly elections I guess) or rally enough signatures from the owners to actually stop the porposal..
 
I bet it has more to do with the fire hazard involved than the smoke bugging  your neighbors.   I doubt you can go after them, but I bet you can break a lease because of it without cost.
 
CBoukal said:
I doubt you can go after them, but I bet you can break a lease because of it without cost.
 
That was more where I was coming from, it would just piss me off to the point of wanting to make a ruckus!
That kind of $hit just frustrates the world out of me, live & let live!
 
Changing the terms of your occupancy is most definitely a lease breaker.  My guess is that their insurance carrier is going to give them a break if they institute this policy.  Sucks....hope it works out.
 
Nah, I just live in your standard apartment community. Fairly new, and the nicest in the city. Also the most expensive as I drop around 900 a month on rent. That being said, I go to work, come home, relax, unwind, and enjoy a smoke every now and then only to go to bed and go back to work in order to afford my high rent. I should not have to be allowed to do only certain things on the deck I pay for. They said they are going to try to implement in the next 6 months, won't affect my current lease. But will if I resign. Do not know what to do, but I'm sure it will work out.
 
$900 for the best in the city DAMN I wish that was the case up here. In NH that will get you low end with no utilities. I was paying $850 for a piece of shit apt. With nothing included but water.

As for your issue read the next lease closely and see if they add it in but until then smoke all you want because its not in the current lease.

Good luck Ben
Paul
 
BlindedByScience said:
Changing the terms of your occupancy is most definitely a lease breaker.  My guess is that their insurance carrier is going to give them a break if they institute this policy.  Sucks....hope it works out.
 
I believe BBS is correct....they are reducing risks from potential sources of fires, saving money on insurance and if they allow smoking inside the units, they will be cutting down on redecorating costs as well.  Unfortunately this is a trend across the US.
 
I would ask them to provide a designated smoking area on the property, maybe even go as far as providing a gazebo (good luck!).  Otherwise, I'd say, sayonara!
 
$900 a month and you can't smoke on your own deck?  I'd break that lease with a cigar in one hand and a middle finger raised on the other.
 
fjldo said:
Changing the terms of your occupancy is most definitely a lease breaker.  My guess is that their insurance carrier is going to give them a break if they institute this policy.  Sucks....hope it works out.
 
I believe BBS is correct....they are reducing risks from potential sources of fires, saving money on insurance and if they allow smoking inside the units, they will be cutting down on redecorating costs as well.  Unfortunately this is a trend across the US.
 
I would ask them to provide a designated smoking area on the property, maybe even go as far as providing a gazebo (good luck!).  Otherwise, I'd say, sayonara!
I would lobby for a designated smoking area, as well, if you decide to stay.  Unfortunately that's the way base housing is here.  Smoking is not allowed in the units or "property".  There is a small designated smoking pavilion at the intersections every few streets.  Granted, they seem to be pretty nice little setups with fire pits and BBQ grills, as well, to make it a social area, but the fact that smokers are forced to walk all the way out there is ridiculous.  I don't live in housing, but I'm told it can void the lease (moving out on your own dime) if you are found to have been smoking in the units.  I don't think there's much insurance to do with it, though.  Just making it a pain in the ass to smoke in order to help facilitate the "smoke free military"...
 
Eshaw99 said:
$900 a month and you can't smoke on your own deck?  I'd break that lease with a cigar in one hand and a middle finger raised on the other.
Thinking this might just have to happen!
 
I believe in an apartment you're kind of at their mersey. The owner of the building can do what he/she/they want. If you want to go, in their view, go. They'll just rent it to someone else.
 
As for a condo, it's a bit different. I own my condo, and can not be told what to do in the privacy of my own home. The association my try to ban smoking in our pool area, but that has to come up for a vote, and the majority has to approve it.
 
A lot of these old fuggers here still smoke, so I'm confident it'll never happen. At least not as long as I'm here.
 
It sounds like it's time to buy a house.  My mortgage is less than that and I have almost 6 acres to boot.
 
It sounds like it's time to buy a house. My mortgage is less than that and I have almost 6 acres to boot.

I would have to agree with Larry here. I rented for awhile, really to long. I was worried about pmi so I rented till I could save enough to not pay pmi. Now I realize that even if I would have been paying pmi atleast some of the money would have been going to a good cause. Definitely something to think about though.
 
You might want to check with your state/city's rental laws and see whether or not they can change the terms of your lease during a renewal.  In some cases, there are limits to the changes that can be implemented.
 
Buy a single family home and do what you damn-well please. With mortgage rates at an all time low and prices in most areas depressed, jump in the market and buy a home!
 
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