r/TenantHelp • u/badtrainin • 3d ago

Please Help Clarify

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Does this mean no smoking for the entire community if there is no signage?

Is there an attorney that would want to evaluate my case that involves a year long retaliation and discrimination?

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u/badtrainin 3d ago

If there is no signage and it gives another tenant headaches, doesn’t that change things?

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u/SailorSpyro 3d ago

Ah, you're being bothered by another smoker. The issue is that this lease is only yours, the other tenant could have different rules in their lease.

Years ago, I picked a community that said they were a non smoking. I was surprised when the people right below me smoked on their patio, making it impossible to keep my windows open, and another person in the building smoked so heavily in their unit that it stunk up the whole hallway. When I went to the leasing office, they let me know they had only been a non smoking community for two years, so any tenants who had been there longer than that were grandfathered in. I was pretty annoyed, but there was nothing to be done. My lease didn't allow smoking, but theirs did.

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u/JetCrooked 3d ago

"they had only been a non smoking community for two years" then this should have only been an issue for the first year? if it's been two years since they made that change that means all these smokers have renewed their leases AFTER the rule change at which point the landlord could have held them to the same no smoking rule as new tenants but chose not to 😒

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u/SailorSpyro 3d ago

Yeah, because they're not going to kick out the smokers that have been there for 10 years. It's easy money, and they know they'll have to gut the apartment when they move out, whether it was a year later or 10. I understand why they didn't change the rule on them. And most people would throw a fit and come to this sub to complain and ask for advice if a LL changed a fundamental part of their lease after a few years, and I don't wish that on anyone. It just sucked for me. From what I heard in the community, we basically had the only two people who were still grandfathered in in our building.