My apartment was just changed to "No Smoking"

jimmyk26 · 09-14-2010, 08:51 PM

So I just want to vent a bit, because due a littering problem my apartment building is now "No Smoking" anywhere on the property. It appears that the property manager was "very disappointed" with all of the cigarette butts that he found all over the property and instead of saying that the littering is unacceptable he has gone and banned smoking of any kind anywhere on the property.

I am pretty bummed because I really liked smoking the porch and the apartment is practically perfect in every way. Now it looks like I'll be frequenting my B&Ms more. Any body have an experience like this? What did you do about it?

The wife says, "well we should just buy a place." I agree, but probably in a couple years

09-14-2010, 08:58 PM

That's awful, man. Honestly, if that happened to me I'd make sure I didn't sign away my smoking rights in the lease, and if I didn't I'd just do it anyway until my lease was up. You pay a lot each month to enjoy the comfort of a place, it doesn't seem right that your landlord/company can go and change the terms of what you signed, unless you specifically agreed that they can change the smoking terms. I'm no lawyer, but if I wanted to not smoke, I'd save some money and live with my mom, and I'd def let me management company know that if they ever gave me a problem ;-) Let me know what happens. Good luck, brother.

Salvelinus · 09-14-2010, 09:01 PM

It completely sucks that most cigarette smokers think it is ok to just drop their butts. The things are fiberglass they don't just disappear. Living in Vermont I find it hilarious how many hippies will ditch a cigarette on the ground and then get after you for using a disposable coffee cup.

Any chance you could talk the guy into putting in some of the cigarette butt cans to try and limit the amount of leftovers on the ground?

Brutus2600 · 09-14-2010, 09:09 PM

Wow...that's simply stunning. Personally, I'd talk to the manager and explain the situation. You only smoke on your porch and I'm sure you take care of your finished cigars. If they won't budge then I'd start looking at your lease agreement and what they can lawfully do. I enjoy going to my B&M, but I that's severely inconvenient if you want to just hop outside for 45 min to smoke at your place.

I know not all cigarette smokers are like this, but it's bothersome to see once again that cigar smokers are lumped in with the cigarette smokers who trash up the property and can't police their butts.

jimmyk26 · 09-14-2010, 09:21 PM

Thanks y'all. I am pretty bummed about it, but we'll see how everything goes.

In the mean time I am trying to figure out some other ways/strategies to enjoy my cigars with out having to go to my B&M every day.

T.G · 09-14-2010, 09:26 PM

Sit on the hood of his car and light up.

When he comes out to say that there's no smoking on the property and to get off his car, politely explain to him that you're not on the property, you're on his car, and if you were to get off his car, you'd be on the property and you wouldn't want to be an insensitive prick and break the rules like that.

Bonus points for using his open sunroof to tap off your ash.

Bill86 · 09-14-2010, 09:41 PM

Quote:

Originally Posted by T.G

Sit on the hood of his car and light up.

When he comes out to say that there's no smoking on the property and to get off his car, politely explain to him that you're not on the property, you're on his car, and if you were to get off his car, you'd be on the property and you wouldn't want to be an insensitive prick and break the rules like that.

Bonus points for using his open sunroof to tap off your ash.

Lol agreed but smoke inside until the last month you rent and worry about it then. I smoked a lot of cigs in the apartment I use to rent, never received any charge or complaint.

RustyShackleford · 09-14-2010, 11:50 PM

That sucks bro!

The lack of regard of many cigarette smokers have for proper butt disposal is one of the things I started to notice after I took up cigar smoking. I see it all the time on campus and really irritates me.

Salvelinus funny comment about the hippies.
I am usually the one that gets painted as the rightwing loon who does care about the environment but I am sure those fiberglass butts are great for it

Adriftpanda · 09-15-2010, 03:50 AM

Now you can go support your local B&M.

dwoodward · 09-15-2010, 03:56 AM

Quote:

Originally Posted by Adriftpanda

Now you can go support your local B&M.

I am not sure if the B&M's here are really worth "supporting"...

Not every city has a classy B&M. Our best one is like most larger cities worst.

mosesbotbol · 09-15-2010, 06:33 AM

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.

09-15-2010, 08:06 AM

I'd smoke anyway and wait to see if this guy does anything. Worst case, he will try to evict you...then you have a court case. He cannot have you arrested for smoking on the property. If he says anything to you about it, tell him to go pound sand.

Subvet642 · 09-15-2010, 08:34 AM

Quote:

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!

Coz77 · 09-15-2010, 08:53 AM

MY Father-in-law lives in a condo and they instituted a 100 dollar fine for anyone littering the grounds with butts...the offenders stopped its very rare you find cig butts laying anywhere on the property now.

Perhaps you can suggest to your landlord an alternative?

Da Klugs · 09-15-2010, 08:53 AM

Quote:

Originally Posted by jimmyk26

So I just want to vent a bit, because due a littering problem my apartment building is now "No Smoking" anywhere on the property. It appears that the property manager was "very disappointed" with all of the cigarette butts that he found all over the property and instead of saying that the littering is unacceptable he has gone and banned smoking of any kind anywhere on the property.

I am pretty bummed because I really liked smoking the porch and the apartment is practically perfect in every way. Now it looks like I'll be frequenting my B&Ms more. Any body have an experience like this? What did you do about it?

The wife says, "well we should just buy a place." I agree, but probably in a couple years

Move. They changed the terms and conditions and you should call them on it and ask to be released from your lease. We chose to live here based upon the smoking policy. You changed it so we are going to move.

AD720 · 09-15-2010, 09:11 AM

Agreed with the above. Looks like he just gave you a free way out of your lease should you want to leave. A lease is a contract and unless there is some kind of a clause that states the property manager or owner can change things you should be good to go.*

*I'm not a lawyer but I sat next to one on the subway yesterday.

Volt · 09-15-2010, 09:21 AM

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.

Quote:

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 · 09-15-2010, 09:56 AM

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.

09-15-2010, 10:12 AM

Quote:

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...

JJG · 09-15-2010, 12:24 PM

Quote:

Originally Posted by newlifetaxidermy

I'd smoke anyway and wait to see if this guy does anything. He cannot have you arrested for smoking on the property. If he says anything to you about it, tell him to go pound sand.

This seems like the least severe option. I would just continue to smoke, and most likely nothing will happen. Especially if you have a private or semi-private patio area.

Does the manager even live on the property? If not, he will have no way of knowing you smoke ocasionally unless one of your neighbors complains, and even if they do, as others have mentioned, there is really nothing legally he can do to you.

I vote for just ignoring the no-smoking rule, clean up after yourself and don't give it a second thought.

09-14-2010, 08:51 PM	#1
jimmyk26 Jimmy Jim Join Date: May 2010 First Name: Kings of Leon Location: buy the ocean Posts: 495 Trading: (32)	My apartment was just changed to "No Smoking" So I just want to vent a bit, because due a littering problem my apartment building is now "No Smoking" anywhere on the property. It appears that the property manager was "very disappointed" with all of the cigarette butts that he found all over the property and instead of saying that the littering is unacceptable he has gone and banned smoking of any kind anywhere on the property. I am pretty bummed because I really liked smoking the porch and the apartment is practically perfect in every way. Now it looks like I'll be frequenting my B&Ms more. Any body have an experience like this? What did you do about it? The wife says, "well we should just buy a place." I agree, but probably in a couple years

09-14-2010, 08:58 PM	#2
KingJaffeJoffer Guest Posts: n/a	Re: My apartment was just changed to "No Smoking" That's awful, man. Honestly, if that happened to me I'd make sure I didn't sign away my smoking rights in the lease, and if I didn't I'd just do it anyway until my lease was up. You pay a lot each month to enjoy the comfort of a place, it doesn't seem right that your landlord/company can go and change the terms of what you signed, unless you specifically agreed that they can change the smoking terms. I'm no lawyer, but if I wanted to not smoke, I'd save some money and live with my mom, and I'd def let me management company know that if they ever gave me a problem ;-) Let me know what happens. Good luck, brother.

09-14-2010, 09:01 PM	#3
Salvelinus Have My Own Room Join Date: Dec 2009 First Name: Brendan Location: Vermont Posts: 1,116 Trading: (12)	Re: My apartment was just changed to "No Smoking" It completely sucks that most cigarette smokers think it is ok to just drop their butts. The things are fiberglass they don't just disappear. Living in Vermont I find it hilarious how many hippies will ditch a cigarette on the ground and then get after you for using a disposable coffee cup. Any chance you could talk the guy into putting in some of the cigarette butt cans to try and limit the amount of leftovers on the ground?

09-14-2010, 09:09 PM	#4
Brutus2600 Your resident lancerHO Join Date: Apr 2010 First Name: Brian Location: Fort Worth, TX Posts: 2,063 Trading: (46)	Re: My apartment was just changed to "No Smoking" Wow...that's simply stunning. Personally, I'd talk to the manager and explain the situation. You only smoke on your porch and I'm sure you take care of your finished cigars. If they won't budge then I'd start looking at your lease agreement and what they can lawfully do. I enjoy going to my B&M, but I that's severely inconvenient if you want to just hop outside for 45 min to smoke at your place. I know not all cigarette smokers are like this, but it's bothersome to see once again that cigar smokers are lumped in with the cigarette smokers who trash up the property and can't police their butts.

09-14-2010, 09:21 PM	#5
jimmyk26 Jimmy Jim Join Date: May 2010 First Name: Kings of Leon Location: buy the ocean Posts: 495 Trading: (32)	Re: My apartment was just changed to "No Smoking" Thanks y'all. I am pretty bummed about it, but we'll see how everything goes. In the mean time I am trying to figure out some other ways/strategies to enjoy my cigars with out having to go to my B&M every day.

09-14-2010, 09:26 PM	#6
T.G Grrrrrr Join Date: Mar 2009 First Name: The Other Adam Posts: 15,557 Trading: (37)	Re: My apartment was just changed to "No Smoking" Sit on the hood of his car and light up. When he comes out to say that there's no smoking on the property and to get off his car, politely explain to him that you're not on the property, you're on his car, and if you were to get off his car, you'd be on the property and you wouldn't want to be an insensitive prick and break the rules like that. Bonus points for using his open sunroof to tap off your ash.

09-14-2010, 11:50 PM	#8
RustyShackleford Still Watching My Back Join Date: Jul 2010 First Name: Chris Location: PA Posts: 79 Trading: (2)	Re: My apartment was just changed to "No Smoking" That sucks bro! The lack of regard of many cigarette smokers have for proper butt disposal is one of the things I started to notice after I took up cigar smoking. I see it all the time on campus and really irritates me. Salvelinus funny comment about the hippies. I am usually the one that gets painted as the rightwing loon who does care about the environment but I am sure those fiberglass butts are great for it

09-15-2010, 03:50 AM	#9
Adriftpanda Peter's Daddy Join Date: May 2009 First Name: Huy Location: No one wants me Posts: 10,313 Trading: (74)	Re: My apartment was just changed to "No Smoking" Now you can go support your local B&M. __________________ Who eats plantains when they can eat placenta.

09-15-2010, 06:33 AM	#11
mosesbotbol That's a Corgi Join Date: Oct 2008 First Name: Moses Location: Boston Posts: 6,171 Trading: (6)	Re: My apartment was just changed to "No Smoking" 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. __________________ Port Wine & Claret \| British Cars \| Welsh Corgi's

09-15-2010, 08:06 AM	#12
newlifetaxidermy Guest Posts: n/a	Re: My apartment was just changed to "No Smoking" I'd smoke anyway and wait to see if this guy does anything. Worst case, he will try to evict you...then you have a court case. He cannot have you arrested for smoking on the property. If he says anything to you about it, tell him to go pound sand.

09-15-2010, 08:53 AM	#14
Coz77 Adjusting to the Life Join Date: Oct 2008 First Name: Mark Location: NY Posts: 307 Trading: (1)	Re: My apartment was just changed to "No Smoking" MY Father-in-law lives in a condo and they instituted a 100 dollar fine for anyone littering the grounds with butts...the offenders stopped its very rare you find cig butts laying anywhere on the property now. Perhaps you can suggest to your landlord an alternative?

09-15-2010, 09:11 AM	#16
AD720 I'm nuts for the place Join Date: Oct 2008 First Name: Andrew Location: The City of BOTL-erly Love Posts: 2,684 Trading: (73)	Re: My apartment was just changed to "No Smoking" Agreed with the above. Looks like he just gave you a free way out of your lease should you want to leave. A lease is a contract and unless there is some kind of a clause that states the property manager or owner can change things you should be good to go.* *I'm not a lawyer but I sat next to one on the subway yesterday. __________________

09-15-2010, 09:56 AM	#18
chippewastud79 Fatter than you! Join Date: Oct 2008 First Name: Larry Location: A little place called home. Posts: 5,397 Trading: (44)	Re: My apartment was just changed to "No Smoking" 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. __________________ If we weren't supposed to eat animals, then how come they're made of meat? You can never have too many cigars, they are like an investment in good times.