All Forum Posts by: CJ Mann

Thanks guys! 

So what should I do to cover myself against any claims of nuisance, habitability, quiet enjoyment from the lady/son tenants? 

Appears the marijuana market is a mess with residual pesticides. Lady sent me bunch of links and claiming I can't allow people to "smoke pesticides" on the property. Starting to feel like this is bigger issue...

https://www.nbcnews.com/health/vaping/tests-show-bootleg-marijuana-vapes-tainted-hydrogen-cyanide-n1059356

Also other issue, a lot of smoke alarms triggered in his apartment. 7 alarms in last 5 or 6 months. He says it's just cooking. SO...I've got complaints of marijuana smoking, photo of holding vaporizer, and documented smoke alarms.  All with the backdrop of "serious vaping illness" and "contaminated marijuana market"...I'm getting a bit nervous. What would you do to cover yourself?

By the way, vaping is illegal wherever smoking is illegal. So it is illegal in many places outdoors. In most of California, noone allows smoking outdoors on apartment property. 

she is saying this is the same thing as a cigarette in hand, and a lighter -- and it was right outside her window which would normally not be allowed. 

I'm just scared what if someone (other tenant) walks thru his vapor and gets seriously sick? Many of these products are black market and heavily unregulated. 

All major health authorities have warned the public against vaping. He was underneath her window and she had gone to throw out the trash which is where she said she smelled something which causes her to walk a couple steps further to find him behind the building. Her point is nobody knows what is causing these illnesses and that , like other health conditions, there is a spectrum. Only those dying and hospitalized are being identified but surely they were injured months earlier with decreased lung capacity but just not to the level of hospitalizations. Now she is worried he Vapes in his apartment which directly below hers. She doesn't want her child exposed to these chemicals.  So, if California State defines vaping as tobacco product, I can't just assume that definition??

A couple years back, California redefined "Tobacco Products" to include vaporizers regardless of whether someone is vaping Tobacco, tasty flavors, or marijuana.  The lease in play only has a No Smoking Tobacco Products clause w/ NO specific mentioned of vaping. A tenant photographed another tenant holding a vaporizer in one hand while hiding out behind the building. The tenant made up some BS reason for why he was hiding behind the building. As folks know, there have been numerous vaping related deaths and hospitalizations in the US from a mysterious vaping illness. The tenant that took the photo says it was odor that made her look behind the building. The tenant wants the guy evicted, she doesn't (shouldn't) have to breathe these chemicals while on the property.  

So, given the Cal State definition, the language on the lease, and the fact that the pic doesn't capture inhalation or vapor --- do I have enough to evict? How do I figure this out between the two tenants? Any advice appreciated!