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Received A 30 Day Notice For Smoking In The Apartment, What Can I Do About It?

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Hello Reddit. I’m here seeking advice about. 30 day notice for smoking in our apartment when we haven’t but our neighbor claims we have. My wife smokes marijuana outside(it is legal recreationally in our state and she does it 10 feet from the apartment as stated in the lease)

I want to know if there is anything we can do about this claim because now they’re saying we either have 30 days to fix the issue or vacate. I’m not sure what there is to do because there isn’t even an issue to fix. Our apartment is smoke free. We haven’t smoked inside since we moved in 2 months ago. We invited our landlords to come in for a walkthrough to prove to them that we do not smoke inside but they haven’t responded to the email yet.

This is what the lease says about smoking: SMOKE-FREE UNITS AND COMMON AREAS: Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant's household have been designated as a smoke-free living environment. Tenant and members of Tenant's household shall not smoke anywhere in the apartment rented by Tenant, or the building where the Tenant's dwelling is located, or inside common areas, nor shall Tenant permit any guests or visitors under the control of Tenant to do so. The term "smoke" or "smoking" means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form. Tenant shall inform Tenant's guests of the no-smoking rules. Any outdoor use must be sufficient distance of at least 10 feet from the building and other dwellings. Tenant acknowledges that Landlord's adoption of a smoke-free living environment, and the efforts to designate the rental apartments as smoke-free, do not make the Landlord or any of its managing agents the guarantor of Tenant's health or the health of any members of Tenant's household, or of the smoke-free condition of the Tenant's apartment and the common areas. However, Landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the interior of apartments and common areas smoke-free. Landlord is not required to take steps in response to smoking occurring inside apartments and/or inside common areas unless Landlord is put on notice of the presence of tobacco smoke, via agent, personal knowledge, and/or written notice by any tenant.

What I gather from it is that they can make a baseless claim and just get us evicted? Thank you for your help in advance

submitted by /u/dun6661
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