My apartment was just changed to "No Smoking"

[mosesbotbol]

Are you sure he can legally do that?

You are renting/leasing a property that has a contract, and he can't just change the contract mid-stream to his whims. That would be like you changing your contract and expecting the landlord to accept it.

I would go over your lease carefully and if he is in violation or question, withhold rent (escrow) until a judge can decide. See if you can get a few others to do the same. If the judge says the property manager is legal to do so, then the money is there. If not, he'll be dropping that policy real quick with no rent coming in.

Once it is in the court system, you can go back to smoking and keep postponing the court date and dragging it out until your lease ends or he gives up.

[Subvet642]

Originally Posted by mosesbotbol

Are you sure he can legally do that?

You are renting/leasing a property that has a contract, and he can't just change the contract mid-stream to his whims. That would be like you changing your contract and expecting the landlord to accept it.

I would go over your lease carefully and if he is in violation or question, withhold rent (escrow) until a judge can decide. See if you can get a few others to do the same. If the judge says the property manager is legal to do so, then the money is there. If not, he'll be dropping that policy real quick with no rent coming in.

Once it is in the court system, you can go back to smoking and keep postponing the court date and dragging it out until your lease ends or he gives up.

Moses is right, that's the way to go!

[Volt]

I actually did that at one point in my life. Neighbors were too noisy and the manager was to chicken to enforce the rules.. After 5 - 6 calls to the sheriff I put a total of 3 months rent into an escrow account that took both sigs to withdraw but only they could receive the funds.

After 3 months the managing company came by looking for the rent. I explained the issues. About 3 days later we had a new complex manager and at month 4 I released the funds to the company. It is illegal not to pay your rent, but nothing says they have to have assess to it either.

I probrablly knew that contract better than they did by the time I got done. Amazing what they are responsible for and can be held to for breaking the contract.

Originally Posted by mosesbotbol

Are you sure he can legally do that?

You are renting/leasing a property that has a contract, and he can't just change the contract mid-stream to his whims. That would be like you changing your contract and expecting the landlord to accept it.

I would go over your lease carefully and if he is in violation or question, withhold rent (escrow) until a judge can decide. See if you can get a few others to do the same. If the judge says the property manager is legal to do so, then the money is there. If not, he'll be dropping that policy real quick with no rent coming in.

Once it is in the court system, you can go back to smoking and keep postponing the court date and dragging it out until your lease ends or he gives up.

[chippewastud79]

If there is no mention of 'No Smoking' in the lease you signed and agreed to, I am fairly confident that you would not have to abide by the new 'rule' unless you agreed to it in some form of writing. This would be particularly true for your patio.

Originally Posted by chippewastud79

If there is no mention of 'No Smoking' in the lease you signed and agreed to, I am fairly confident that you would not have to abide by the new 'rule' unless you agreed to it in some form of writing. This would be particularly true for your patio.

I'm with the others guys here Jimmy... Go online to ABCBooks.com order an old 4th or 5th edition of blacks law dictionary for 5.00 then go over your lease (dictionary in hand) with a fined tooth comb! You'll probably be amazed at what you find out.... (Or you can fax your lease to me, and i'll go over it with my partner (former atty) for you for free! And let you know what we find out!)

Last year he found something in my Sister's lease that made her apt complex back down. (I can't remember the situation but he's a very smart guy...)

PM me if you're interested in that bro...