Q: Can semantics stop a landlord from threatening eviction based on unproven accusations?
I live in NY where marijuana is recreationally legal. Our complex has a no smoking rule for inside the apartment, on the balcony, and we must be outside 15ft from the building—cigarettes and marijuana. We have older neighbors that have complained of the smell 3 times now. We are NOT smoking in our apartment as we have a 1.5yr old daughter, we admittedly smoked near their garage entrance outside (that is adjacent to ours) which is where the first complaint arose, but not since and never inside. They claim that maintenance smelled marijuana in our apartment but not “smoke.” The lease speaks nothing of possessing marijuana, only illegal substances. The lease does speak of odors that disturb neighbors, but can the act of smoking be proven by the aroma of marijuana flower (not lit) being that possession is legal? Secondly, can “mass emails” to multiple apartments be held up as formal warnings for specific individuals if the individuals are not specifically named? Eviction was voiced.
A: No. Your landord will not rely on the mass distributed notification to tenants. This is nothing more than a reminder, not a predicate notice required by a lease such as a Notice to Cure.
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