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False Accusations Led to Eviction Notice!!

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  • False Accusations Led to Eviction Notice!!

    We need help - immediately!! We recently moved into this apartment building that is non smoking in or on property. They know we smoke because when we moved in smoking was allowed. 1 year later,that changed. Fine, when we need a smoke we drive right next door to a church parking lot and smoke. The building we live in has no other smokers, but the building next to ours is full of them! To make a long story short, we have NEVER smoked here!!!! NEVER!!! But, the lady that lives next to us says she has been sick ever since we have moved in! The landlord has people that come around to the smokers apartments with a machine that measures the air. Well, they have come and checked our apartment but for some unknown reason we continue to fail!!!!! We are very angry as we live in New Hampshire and every time we want a cig we freeze our butts off to either walk around the corner or drive in the car! We passed our last "test" so they said they would do 2 more then the subject would be closed! Monday, someone slid a notice under our door. It was an eviction notice!!! We were SHOCKED!!! It said that "someone" saw me standing beside my car that day smoking!!!!!!!!!! How stupid do they think we are? Now, tonight I was outside on our patio shoveling the snow off and there was a lady sneaking and took my picture!! We do not know where to begin!! We are being harassed (there is so much more to this story), stalked, and lied to. My nerves are shot! I have fibromyalgia and this has made my body numb! Both my husband and I are disabled and they put our eviction date as March 31, 2013. There is no way we could possibly leave and pack up!!! I must have some rights! Do we need a lawyer now or a police officer? I cannot live this way! Any suggestions would be greatly appreciated!!!!!!!!!!!!!!!!!

  • #2
    re: False Accusations Led to Eviction Notice!!

    You have been given about 60 days. You should have plenty of time to move.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: False Accusations Led to Eviction Notice!!

      Originally posted by kashanh View Post
      We need help - immediately!! We recently moved into this apartment building that is non smoking in or on property. They know we smoke because when we moved in smoking was allowed. 1 year later,that changed. Fine, when we need a smoke we drive right next door to a church parking lot and smoke. The building we live in has no other smokers, but the building next to ours is full of them! To make a long story short, we have NEVER smoked here!!!! NEVER!!! But, the lady that lives next to us says she has been sick ever since we have moved in! The landlord has people that come around to the smokers apartments with a machine that measures the air. Well, they have come and checked our apartment but for some unknown reason we continue to fail!!!!! We are very angry as we live in New Hampshire and every time we want a cig we freeze our butts off to either walk around the corner or drive in the car! We passed our last "test" so they said they would do 2 more then the subject would be closed! Monday, someone slid a notice under our door. It was an eviction notice!!! We were SHOCKED!!! It said that "someone" saw me standing beside my car that day smoking!!!!!!!!!! How stupid do they think we are? Now, tonight I was outside on our patio shoveling the snow off and there was a lady sneaking and took my picture!! We do not know where to begin!! We are being harassed (there is so much more to this story), stalked, and lied to. My nerves are shot! I have fibromyalgia and this has made my body numb! Both my husband and I are disabled and they put our eviction date as March 31, 2013. There is no way we could possibly leave and pack up!!! I must have some rights! Do we need a lawyer now or a police officer? I cannot live this way! Any suggestions would be greatly appreciated!!!!!!!!!!!!!!!!!
      Do you sign a fixed-term lease when you moved in, or are you living there on a month-to-month tenancy?

      If you are living under a lease, and they are evicting you for allegedly breaking the "no-smoking" clause, then the burden is upon the LL to prove that you are in violation of that clause in order to break the lease.

      If, however, you are a month-to-month tenant, then the LL doesn't even need a reason to terminate your tenancy. They simply need to provide you with sufficient notice prior to asking you to leave, which they have done.

      Honestly - if you are having this much difficulty in not being able to smoke in your apartment, and having to go outside and next door to indulge your habit, it sounds like it would be easier to find a new place to live where you can smoke in your home to your heart's content.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        re: False Accusations Led to Eviction Notice!!

        For Something we NEVER did?? My husband and I are both disabled!!! Who is going to move us and to where?????? Your house?

        Comment


        • #5
          Re: False Accusations Led to Eviction Notice!!

          Originally posted by kashanh View Post
          For Something we NEVER did?? My husband and I are both disabled!!! Who is going to move us and to where?????? Your house?
          You have almost 60 days to figure that out. Put on your big girl panties and deal with life.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Re: False Accusations Led to Eviction Notice!!

            Originally posted by kashanh View Post
            For Something we NEVER did?? My husband and I are both disabled!!! Who is going to move us and to where?????? Your house?
            If you and your husband are disabled, that means you're on a limited income. How can you afford to smoke?

            Here's an easy solution: STOP SMOKING.

            Comment


            • #7
              Originally posted by R U Kidding Me? View Post
              If you and your husband are disabled, that means you're on a limited income. How can you afford to smoke?

              Here's an easy solution: STOP SMOKING.
              Being disabled and being on disability are not the same thing. Many disabled people are employed.

              Comment


              • #8
                Re: False Accusations Led to Eviction Notice!!

                Kashanh, please answer the question you have been asked regarding whether you have a written lease or on a month to month tenancy. This is an important question.

                Gail

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