- 6 years ago
- Wedding: May 2006
Girls, I need some help.
In June, we signed a one year lease on an apartment. It was super cute and in a great part of town. Part of our discussions with the landlord included discussing smoking. On the phone before we looked at the apartment, the conversation went like this:
Landlady: “Do you smoke?”
Landlady: “Good, because we don’t like to rent to smokers.”
Me: (thinking—wow, I don’t think you’re supposed to say that) “Great, because living in a smoke free place is very important to us.”
When we signed the lease, we had this exact same conversation again, and then she pushed the no-smoking addendum across the table which I read. In it, it said that no smoking was allowed in any of the company’s properties and that if any tenant was caught smoking, they would be evicted. Pretty straight forward, right? My mom was there for the lease signing and heard the whole discussion.
Fast forward two weeks, and the neighbors in the other half of our duplex have been chain smoking EVERY DAY. Sometimes cigarettes, sometimes marijuana. 3 people live there and only 1 works, so it’s CONSTANT. Last Friday, we gave written notice to the landlords that the neighbors were violating the lease—and we were then told that the neighbors were grandfathered in before those rules went into effect, so there’s nothing they can do to make it stop.
My husband has allergies to smoke, and we didn’t think we’d have any problems because of their “strict no-smoking policy.” The landlady made smoking seem so important and she NEVER said anything that would indicate that the neighbors smoke. Now, we just can’t handle the smoke. It comes through the outlets in the walls and all of our stuff now smells like smoke. My husband feels sick constantly whenever he’s in the apartment.
The company we rent from is run by a mom (who we’ve discovered is bat-shit crazy) and dad in their mid-70s and two sons who live about 3 hours away. We spoke with one of the sons on Sunday in person and he was great and said he’d work with us and mentioned letting us out of our lease although he didn’t give specifics. However, the office manager just told us that the son and the mom are not seeing eye to eye on this and so the mom is going to handle it.
The old lady is now saying that she told us directly that the neighbors were grandfathered in and that we cannot get out of our lease. This is NOT TRUE!!! Luckily, the landlady said (in writing) that she told us about the neighbors being grandfathered in when my mom was present—so I have a witness and she doesn’t. The son, who told us he would let us out of our lease, will not return our calls.
What do you think we should do? We already moved all our stuff out because we can’t stay there. I think we should be able to get out of our lease due to misrepresentation. To me, it’s so clear that this lady LIED to us just to get us to sign a lease! Any idea what the law says? The landlady says she’s ready to take this to small claims court.
I’m so upset, I’m just shaking. Any advice or anecdotes would be greatly appreciated! I am the WORST at picking apartments. It seems like everywhere we go we have problems–and it’s not like we’re renting the cheapest places or in crappy parts of town!
Thanks for listening 🙂