IAC Breaking Lease?

desertgrl

New member
Hi Everyone -- Not sure what to do here... I used to live at Woodbury Square and I was very happy there until people who smoked heavily moved in under us and their smoke was coming into our apartment while our daughter was only 2 (we are also sensitive to cigarette smoke). The manager would not do anything to help us and was actually quite rude so we moved to Palmeras because they have a non-smoking side. You may or may not know that when you move between IAC properties before your lease is up you have to rent an apartment that is $100 more than your last apartment.

So we leased a new apartment at Palmeras and in the lease it states that you cannot smoke in your apartment, the common areas besides the second pool or within 20ft of the non-smoking buildings. Palmeras was almost the same price as Woodbury so we have been paying $100 extra than everyone to live here to get away from cigarette smoke. The problem is that people are still smoking on the non-smoking side and our apartment is above a big grassy area where people like to smoke so they're smoking right under our apartment. I have complained many times and have given them apartment numbers to people who are smoking and all they have done, after many complaints is send out 1 reminder letter.

Today I saw people smoking in my hallway and have found cigarette butts in the stairwell, the leasing office actually told me to tell them every time I see someone smoking but I am not going to be the smoking police (even though I kind of feel like I already am), that's their job! I think its extremely unfair that I'm paying extra to live here to be away from smoke and people are still smoking and they're not doing anything about it. I realize that they cannot stop people from doing this, but aren't they breaking their own lease by not taking care of this problem when I complained before? Is there anything I can do to get at least the extra money I have paid to live there back? I'm writing a letter but I'm not sure what good that will do.

Any help or advice is greatly appreciated, thanks!
 
I don't know what your rights are in this situation, but I would be very upset if I were in your shoes/  I have allergy-related asthma and despise cigarette smoke. 

I have no experience with IAC or any other large apartment complex for that matter.  However, I would demand a $100 decrease in my rent and a reasonable credit to cover moving costs, at a minimum.

Good luck!
 
I would keep escalating the issue up the ladder. When it gets high enough, you will get a response because our litigious environment calls for preventative action especially when it comes to health issues and young kids.

I don't know what your lease agreement says in regards to guarantees regarding non-smoking but you should start taking pictures and documenting violations. That kind of evidence will get the attention of upper management if they are supposed to be enforcing non-smoking guidelines.

Let us know what happens.
 
I just think it's nice how you have the option of renting a smoke free apartment. A few years ago when I rented from IAC, I requested a smoke free apartment. The leasing office said there was no such thing and gave me some legal reason as to why they can not ask or prevent residents from smoking in their apartment. Maybe it was something about renter's rights. I don't remember exactly. Then I brought up how hotels can do this, so why not apartments? They just said it was not the same thing. Now it looks like they must have changed their policy huh?
 
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