If there are any lawyers out there, I have an issue regarding my lease in a hi-rise apartment in Alexandria. Serious only, please. Let me know.

I'm a lawyer. How can I help?

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13 4826 0948 82695 25847. Yes.

I believe I am being unlawfully evicted from my apartment, in a hi-rise complex. Here is my story: Moved in on February 1, 2009. A few weeks later, the manager sends me a letter saying a neighbor is complaining of cigarette odor coming from my apartment. I attempted to all I could, within reason, to solve this problem. I burned incense, scented candles, potent air fresheners, and purchased 2 high-powered air purifiers. Two weeks goes by, and we get another letter, saying the same thing. So, I began only smoking in my back bedroom, with the window open. Now, I got a letter (again) from the manager yesterday, saying I must vacate the premises (or not smoke in the comfort of my own apartment!) within 30 days. I have had no other complaints; I don't bother anybody (the manager said this particular neighbor is "very sensitive to smells"); I pay rent on time. Do I have any legal recourse? I cannot afford to move again, nor do I want to move because I love the location of the apartment. Please help.

Unless you're in a non-smoking building, the ventilation system (or lack thereof) is management's problem - not yours. Your neighbor is complaining to the wrong party.

If you're in Fairfax County, call Landlord/Tenant. The County has attorneys on staff - paid with our tax dollars. Let them know that you went above and beyond to resolve the concern with your neighbor, but nothing you've done seems to satisfy him/her.

You might also appeal to management to have someone check out the ventilation system to see if there is way re-channel the air from your apartment away from your neighbor's. If that can't be done, maybe you or your neighbor could move to another unit within the building (at management's expense of course).

It's not illegal to smoke in an apartment that does not have smoking restrictions. Nor is it grounds for eviction. Your neighbor apparently has lived around non-smokers until now, but that was the luck of the draw, not his/her legal right.

Call Landlord Tenant first thing in the morning. If your complaint is accepted, the eviction process is put on hold until resolved. It can sometimes take several weeks.

Your neighbor and management will not like this at all, so expect to be under the microscope looking for a reason to "get you."

Keep us posted on how it goes.

I'm not an attorney, but I've been a landlord for several years and seen just about everything.

Junes,
That is what I thought! Thank you so much for the advice. I will be calling Landlord Tenant FIRST thing tomorrow morning. And I agree with you about the ventilation system.
Sincerely,
Gabrielle

Okay Im in commercial RE but I am willing to bet you signed your life away in your lease (did you negotiate ANY of the terms in it?). I would make them tell you the terms of eviction and have them cite the lease. This will hassle them and educate you. Also quit smoking it is really gross and I do not blame your neighbor.

+1

You'd be surprised the kinds of things that are written into leases. You probably agreed to a non-smoking clause without ever really reading it.

Shadow Wrote:
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> +1
>
> You'd be surprised the kinds of things that are
> written into leases. You probably agreed to a
> non-smoking clause without ever really reading it.


Highly doubtful - if there is a no-smoking clause in the lease, the entire building will be promoted as "smoke free."

It's all or nothing.

So you're thinking the apartment management would evict someone based on an odor that another neighbor 'claims' they smelled? Without due cause, no eviction would be mentioned. Since OP says they are threatening eviction, there must be something in the lease.

Gabrielle Wrote:
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> If there are any lawyers out there, I have an
> issue regarding my lease in a hi-rise apartment in
> Alexandria. Serious only, please. Let me know.


You have obviously rubbed the dude the wrong way if he is kicking you out after less than two months. Sounds to me like you aren't telling the whole story.

Have you not seen the thread regarding the electric cigarette? either that or head to the lobby or a smoke deck whenever you want to light up. I hear there are deals on houses now with 4% interest rates. Try buying you own place.