Legal issue or just up the creek?

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abbeyfishwoman

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I currently have a situation with a property management company and the owner of the property my hubby and I currently reside at in Boise, ID.

The neighbor below us smokes in his apartment consistently and it states in the lease very clearly that these apartments are non-smoking only. It was also advertised as a "non smoking unit" when I originally moved in.

I have contacted the property management company two or three times with complaints: the first time they did an inspection of everyone's apartment and apparently found evidence of his smoking, even took the owner through to show him of this problem. At that point the owner decided not to do anything about the issue and this was over a year ago that they did the inspection.

I have also left a note or two on the neighbor's door over the last l.5 years living there, asking him politely to quit smoking but it never stops. I don't want to get into any kind of confrontation with him so I haven't personally asked him to stop; he's a very aggressive man and every other word that comes out of his mouth is a swear-word and I'm pretty sure he would get defensive and angry right away if I confronted him.


So we decide to launch another complaint recently with the property mgmt company (aug/sept 2008) and make them aware that this is no longer acceptable since we've lived there for so long. They apparently make it clear to the owner at this point that they would like to evict this person due to his consistent smoking complaints and the many, many complaints even before we lived there (the property mgmt company admitted to several other previous tenants complaining about the smoking-like 2/3 others). The owner once again refused to do anything about the problem even after years of this guy breaking the lease with the smoking. So where does that leave us? To move to another apartment due to the second hand smoke health issues. The property mgmt company is letting us out of our lease w/o penalty due to the issue and the fact that they can't make any changes without the owner's consent (the lease is supposed to be done the end of January/early february) but we still have expenses, rent to pay as well as saving up for a deposit & more rent for a new apartment.

Is there anything that can be done?? Whether it's a legal issue or simply just making a complaint to the BBB I don't care, I just want to do SOMETHING. I don't want the next tenant to go through the same problem. Even though it's the owner's decision on most things I just think why even bother with having someone manage your property for you if they have no room to make these simple decisions for you?? Isn't that the point of letting a property mgmt company take over for you? If a tenant consistenly breaks the lease/contract then they should have the ability to have some kind of punishment done.

It makes me so angry that we are the ones having to move and the problem isn't being addressed-there aren't even any penalties/consequences being addressed with the other tenant. They simply do as they want and no one says anything.
 
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Not much you can do. You cannot force the owner to kick the other tenant out of the place even though he is openly breaking lease agreement rules. Accept their offer and move out so you can continue caring for your family well being. Oh, and yes, file a BBB complaint against the property management.
 
Thanks, I appreciate the input...I know there's nothing that can be done legally really. It's just been a huge, frustrating pot of you know what that I really want to kick back in the owner's face. It's just not right, but oh well.


:)
 
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