Q: Can I report our neighbors weed smoking just based on smell?
We live in a duplex in the upstairs apt, either our downstairs neighbor or their constant guests smoke weed. The smell is very distinct and foul and illegal in Ohio. From what I've read, even medical use prohibits smoking it or cultivating. The smell invades our stairway almost daily and sometimes comes up through the vents when we turn the heat on. Our lease does not include a ban on drugs or smoking but we were verbally told non smoking when we filled out the application. After searching our landlord and landlady it appears they are pro "420" so clearly they won't do anything about. Is the smell enough grounds to report it or is there another way to get them to stop?
A: The landlord is required to evict anyone they reasonably suspect of using a controlled substance, including marijuana. If you put them on written notice of this, and they fail to do anything about it within 30 days you can either 1) terminate your lease, 2) sue for damages or 3) escrow your rent with the court.
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