A question about above tenents drug use, and my rights

[tori13]

Hi , I have a question, I hope someone can answer for me. I live in Ohio.I live in a duplex in the downstairs. Above me is a women and her 2 adult sons and occasional sleepover boyfriend. All of whom get high on a regular basis. The smell of the weed and their cigs. is horrific at times, and even though I am constantly airing out the hallway by opening the doors and what not, it still wafts into my apt, where I live with my husband and son live. The smell is overwhelming quite often.
My question is, can anything be done about it?
We work really hard to pay our rent and I cant stand how I have to be the one to be put out constantly because she cant open her windows or to say the least choose a different lifestyle.
The landlord is older and does not want to get involved, as long as we are both paying our rent he doesnt care.
I dont know if there is anything the police can do, as I dont see them getting high, I just smell it in our common area....
any answers?

[Cat_Doc]

Call your local police non-emergency number when you smell the marijuana coming from their apartment.

It is not considered an emergency and depending on how busy your police/sheriff's department is, there will probably be a delay in responding, so expect that up front.

[retdetsgt]

I wish I could give you a good, solid answer, but I can't. I certainly sympathize, having a bad neighbor sucks, especially in a duplex or apartment.

You can call the police and they may come out, but they aren't going to be able to haul everyone away. Even if they did, the people would come back and they don't have to be criminologist to know who called the police and the situation could get worse for you.

Other than you move, I can't think of anything that would help.

[scott715us]

Many states have landlord/tenant laws where it is the responsibility of the landlord to deal with these situations. That's not to suggest that he puts himself at risk and confront the illegal activity, but I suggest making a written complaint to him and consult with a property attorney. If the activity involves safety, then the landlord must deal with it. I understand he's older, but that's one of the things about being a landlord. In some states, if the living conditions are unsafe the tenant is not obligated to pay the rent until the problem is corrected. Next time you smell the weed, contact the local PD. When the tenant answers the door and the police smell/see it, arrests will be made. In most lease agreements, illegal activity normally gives the landlord automatic rights to terminate the lease. That's why I say consult with a property attorney. You (and your family) shouldn't have to deal with this.