The Link - Page 21

biggus diggus · #**401** Posted **Mar 31, 2021, 6:12 PM**

Quote:

Originally Posted by combusean

I literally don't know how people here would accept neighbors' smoking odors in a smoke-free building--this includes pot.

What's your solution?

combusean · #**402** Posted **Mar 31, 2021, 6:25 PM**

It would have been for management to send various warnings, either by email to the whole complex, or specifically pointing out lease violations to individuals either with cure or quits or friendly reminders before the problem got completely out of hand.

biggus diggus · #**403** Posted **Mar 31, 2021, 6:40 PM**

So in this instance the landlord would have to send a 10-day non compliance notice informing the tenant they must quit the action that violates the agreement.

If the tenant didn't comply, they send a SECOND 10-day non compliance notice which states the tenant didn't quit the action within ten days and that the agreement will cancel in 10 days.

Then it goes one of three ways:

1. The tenant says "**** you" and does nothing. The onus of proof is on the landlord and if the tenant shows up in court to tell the judge they don't smoke at all, the judge will set a trial. This can will be kicked down the road until the landlord can prove the tenant is smoking. It's next to impossible to prove. Best case this will take 30 days to remove the tenant.

2. The judge says "we're in a pandemic and there's an eviction moratorium, therefore I am not hearing this case".

3. The tenant voluntarily either moves or quits. I don't think anyone would expect this outcome.

So I'm genuinely curious, what would you do?

TJPHXskyscraperfan · #**404** Posted **Mar 31, 2021, 9:11 PM**

Quote:

Originally Posted by combusean

I literally don't know how people here would accept neighbors' smoking odors in a smoke-free building--this includes pot. It is not tolerated in any place I've ever lived in, at all, and I've lived by two colleges now.

Literally every place I have lived, I have smelled weed, here and in Vegas. It’s not constant, every now and then coming through the vents or around the complex. I live in a “breathe easy” Community but I believe it is only for cigarettes. With weed being legal now but you can only smoke in your home, I don’t think weed is included in the breathe easy campaign. But yeah, it would be hard to find proof for the management, knowing where it is coming from and so forth. All I was saying is, it is pretty normal. Something like over 30 percent of people use marijuana, shoot over 50 percent voted to legalize it. You don’t think you’re going to smell weed in an apartment complex? What planet are you from,lol.

biggus diggus · #**405** Posted **Mar 31, 2021, 9:59 PM**

Quote:

Originally Posted by TJPHXskyscraperfan

You don’t think you’re going to smell weed in an apartment complex? What planet are you from,lol.

One argument I often hear is that people think marijuana is a poor person's drug. Someone will move into what they feel is a "high class" housing situation and then they smell marijuana and think they live around a bunch of no-good "ghetto people" for lack of better terms. We smell it usually multiple times on evening dog walks and there's not a house in the neighborhood worth less than a million bucks. Everybody smokes weed.

The only difference is if you have your own house you've got a minimum of a few dozen yards between you and your neighbor.

azsunsurfer · #**406** Posted **Mar 31, 2021, 10:41 PM**

You can still live in a house worth around a million dollars and still be "ghetto people." It happens...

biggus diggus · #**407** Posted **Mar 31, 2021, 10:48 PM**

I was just having a conversation at lunch today - income and class do not necessarily correspond.

Banh mi Bistro is a great lunch spot if anyone goes up north and likes Vietnamese.

combusean · #**408** Posted **Apr 1, 2021, 1:22 AM**

Pot just fucking stinks. I would not tolerate that smell in my apartment, especially if I were trying to get work done like the Link resident is talking about.

And as I've said, it's not tolerated and I think I've only smelled weed in a building I've lived in once from Arizona to California.

RichTempe · #**409** Posted **Apr 1, 2021, 1:23 AM**

Quote:

Originally Posted by biggus diggus

So in this instance the landlord would have to send a 10-day non compliance notice informing the tenant they must quit the action that violates the agreement.

If the tenant didn't comply, they send a SECOND 10-day non compliance notice which states the tenant didn't quit the action within ten days and that the agreement will cancel in 10 days.

Then it goes one of three ways:

1. The tenant says "**** you" and does nothing. The onus of proof is on the landlord and if the tenant shows up in court to tell the judge they don't smoke at all, the judge will set a trial. This can will be kicked down the road until the landlord can prove the tenant is smoking. It's next to impossible to prove. Best case this will take 30 days to remove the tenant.

2. The judge says "we're in a pandemic and there's an eviction moratorium, therefore I am not hearing this case".

3. The tenant voluntarily either moves or quits. I don't think anyone would expect this outcome.

So I'm genuinely curious, what would you do?

The eviction moratorium doesn't cover violations of the rental agreement, only inability to pay rent due to the pandemic where eviction would leave them homeless or in cramped, unsafe living conditions. It also has an income limit, so if someone is paying $3000-4000/month in rent, I'm guessing that are above that income threshold as well.

I lived in Roosevelt Square for 8 years from 2007 - 2015 and you can better believe that management came down on people who were in violation of their leases or causing issues for other tenants. It's part of their job as management to keep things under control and not to just throw up their hands and say "oh well".

The OP is aware that pot is legal and said he didn't have a problem with that specifically, rather that it's a smoke free building and that it isn't being enforced. If it was cigarettes, pipes, cigars, hookahs or whatever, the issue is the same.

I would like to hear about the actual maintenance and structural issues though.

MMDelon · #**410** Posted **Apr 1, 2021, 6:11 AM**

Yeah I am curious about the structural issues and maintenance. I have heard bad things about The Stewart but The Link has sounded like a very good project and driving by it at night it looks like ppl are moving in. I hope they fix these issues because they sound very bad.

biggus diggus · #**411** Posted **Apr 1, 2021, 2:54 PM**

Quote:

Originally Posted by RichTempe

The eviction moratorium doesn't cover violations of the rental agreement, only inability to pay rent due to the pandemic where eviction would leave them homeless

This is inaccurate. I have attempted to remove several tenants for stuff other than non-pay and have been unsuccessful. It's entirely at the court's discretion. If you have debt service you have different rules.

RichTempe · #**412** Posted **Apr 2, 2021, 12:38 AM**

Quote:

Originally Posted by biggus diggus

This is inaccurate. I have attempted to remove several tenants for stuff other than non-pay and have been unsuccessful. It's entirely at the court's discretion. If you have debt service you have different rules.

This is from the FAQ on the Arizona Eviction Moratorium page:

Can I still be evicted for other reasons?

Yes. Under the CDC Order, you may still be evicted for reasons other than not paying rent or making a housing payment. Examples include:

-Foreclosure on a home mortgage
-Engaging in criminal activity while on-premises
-Threatening the health or safety of other residents
-Damaging or posing an immediate and significant risk of damage to
property
-Violating any applicable building code, health ordinance, or similar
regulation relating to health and safety
-Violating other terms of your lease, other than the timely payment of rent or
similar housing-related payments

I can only go by what I read, but if the courts are choosing to do their own thing then they're making up their own rules. (Which in AZ wouldn't surprise me)

biggus diggus · #**413** Posted **Apr 2, 2021, 1:16 AM**

It's been at the judge's discretion the whole time - like it would be anyway - but denying the case altogether became so commonplace last summer. Moon Valley wasn't hearing ANY cases that weren't of an emergency nature last summer.

joefish82 · #**414** Posted **Apr 2, 2021, 6:20 PM**

Quote:

Originally Posted by biggus diggus

Thanks for your post. This guy is giving the building a bad name for unjust reasons in my opinion.

I'd like to know what provision in the ARLTA they failed to follow.

Regarding the bad neighbors it's something you have to live with if you live in multi family housing. You can't pick your neighbors. Buy a house if you want to be removed from others.

i've stalked this site for a long time and have been waiting for you to chime in Biggus lol. you keep it real, and i enjoy your comments.

lol @ unjust reasons. look at my first post and the buildings ive lived in, in downtown. none have been like this place. i'm not giving the building a bad name, its done that all by itself. its easy to be on the outside and say "thats normal for downtwon living" or "stop giving the building a bad name". i promise you, i wouldnt have chimed in here if it was a one off, or a tenant thing. the tenants described above all still live here. the office doesnt evict anyone, for anything. you can literally break every rule on their lease and nothing will happen.

but, sticking to only the building. ok. lets roll;

lived here 6 months. in that time, here is what is broken in my unit and in the building.

my stove broke, took 3 days for a new one to get here

the AC unit in my master bedroom broke. water was coming out; got under the floor boards and into the wall. they fixed it. happed again. then ir broke once again after that.

microwave door broke
fridge door broke
the floors are not level - have you ever seen a floor with rolls. i hadnt until i moved in here. its a weird thing to feel under bare feet, like lumbar support for your feet

the gym broke. they had it closed for several weeks to replace the flooring

pool/spa heater breaks a lot (covered that)

the front door into the building was broken, and stuck open for 2 weeks

the garage door, again already covered

i know im forgetting a few items, i'll add to this if i remember them

joefish82 · #**415** Posted **Apr 2, 2021, 6:24 PM**

Quote:

Originally Posted by biggus diggus

So in this instance the landlord would have to send a 10-day non compliance notice informing the tenant they must quit the action that violates the agreement.

If the tenant didn't comply, they send a SECOND 10-day non compliance notice which states the tenant didn't quit the action within ten days and that the agreement will cancel in 10 days.

Then it goes one of three ways:

1. The tenant says "**** you" and does nothing. The onus of proof is on the landlord and if the tenant shows up in court to tell the judge they don't smoke at all, the judge will set a trial. This can will be kicked down the road until the landlord can prove the tenant is smoking. It's next to impossible to prove. Best case this will take 30 days to remove the tenant.

2. The judge says "we're in a pandemic and there's an eviction moratorium, therefore I am not hearing this case".

3. The tenant voluntarily either moves or quits. I don't think anyone would expect this outcome.

So I'm genuinely curious, what would you do?

spot on correct; we actually just had this exact situation here, with a neighbor.

no witnesses seeing it, therefore no eviction. court case lost.

i dont care if you smoke weed, just go outside since we have shared vents. we all have balconies.

but again, this isnt a "building issue" its a leasing staff thing and them not being able to do anything at all.

biggus diggus · #**416** Posted **Apr 2, 2021, 7:32 PM**

It sounds like everything in your apartment has been repaired after it broke, is that correct? 3 days for a new stove is great! I had to buy one a couple months ago for an apartment and they were back ordered everywhere. Called my friends at B&B who had a used one and got it to my tenant at the first available time. The whole thing took about a week.

For a homeowner to be able to replace their own stove in three days would be a quick turnaround.

I'm not trying to be difficult with your or insult you, please don't interpret me that way. I have been in the apartment business for decades and can honestly say nothing you've said thus far gives me pause. New buildings almost always have construction defects. It's to be expected. If you lived in new buildings with no defects then you were lucky.