Okay for those of you just catching up with our little soap opera: here is a thread which also has a link to the original thread... and a third one (for some reason can't make clicky:https://community.thebump.com/cs/ks/forums/thread/51486458.aspx)
The day after DH and I moved the benches I was getting my backpack ready for school and heard her come down the stairs. I looked out my front door (its a 1/2 glass with a curtain I can see through) and see her staring at the corner where the benches were, cigarette pack in hand. She turns, sees the other benches and yells, "what the !?" and pounds upstairs. Okay maybe this next part could qualify as ease dropping, but I don't care too much she was yelling pretty loud: she was directly above me screaming about the benches. I called the landlord again and asked her if the solution of moving the benches was still a go-go. She said yes. I went to school, came home suuuper late due to evening exam and found the benches right back in front of my window. I walk in the door and DH tells me to calm down. She left a condescending note on our door telling me to "think of others" and the landlord told her to move the benches back. She also said, "we quit smoking there"- big fat lie. Ooookay, I flipped out a little. Next morning I called the landlord yet again and told her the situation that she really had not quit smoking there. Well, she told me to move the bences back YET AGAIN, but I didn't. Later that evening when DH came home (okay not evening like 4:30) I called the landlord again to make sure we were all on the same page and she said the benches actually belonged to the other tenant so we can't move them and that the other tenant promised to quit smoking there. All right, I guess thats the best we can do at this point, so I posted a no smoking sign in my window right there by the benches and for good measure I double checked my city ordinances. Here's what I found:
A. Smoking shall be prohibited in the following public places and other public places similarly situated, including, but not limited to, the following areas:
13.Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
B.Smoking shall be allowed outdoors, except where prohibited by other applicable laws, provided that, however, smoking shall be prohibited within ten (10) feet of any entrance to a non-exempt public place so as to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or any other means.
I called the city clerk office to double check that I had the correct interpretation and yes, they said that means they cannot smoke within 10 feet of my door regardless of her door being RIGHT next to mine.
So I went and bought a little bucket of sidewalk chalk and some bubbles (for her son) and knocked on her door to clear the air. She was visibly angry with me- in fact I was scared to be within her arm's reach. I said, "I just wanted to let you know I am sorry for all this drama, I have absolutely no issue with you as a person, the benches themselves, or you as a person". Well right there I got cut off and she started screaming at me about who the f*(K was I to tell her she can't smoke on her own porch, her "old man works for the realtor so just see what happens to you, B!tch," "You effing moved my property I am going to sue you for that $h!t," etc. I let her get it out, and I said, "I am really sorry I didn't know the benches belonged to you, that was the solution the landlord presented me for the smoke issue. I really just don't want to deal with the smoke in my apartment, you have lived here for 3 years, but I pay rent here as well and deserve a clean, fresh apartment" and she said "well the landlord said she can't stop us from smoking on the porch so get the fu(k over it" and I cited the ordinance as well as told her the landlord told me that if she continued to smoke there the benches would be removed from the property. She freaked out again and it was kinda all fast from there. But I decided to call the landlord because to me, it looked like we were getting two stories. As I am talking to the landlord she is barking in my ear threatening me. And then she picks up the benches and throws them over the side of the porch. The landlord advised me to call the cops to act as a mediator... I can barely hear the landlord because of this woman screaming, and I said, "can you please just shhh? I am on the phone I promise I will give you my undivided attention when I am done!" and then she threatened to kick my ass, knock me on my ass, throw me off the porch, etc. So the cops got called, she actually called them because I was on the phone with the landlord.
The cops came (well, cop) and she was playing the victim. I just sat there calmly why she spouted out all of these lies and then told the cop, "she can't stop me from smoking on my porch". I told the cop my side, that this got out of control, I just wanted to clear the air, I came to her this afternoon to apologize etc and then I told him about the ordinance. He looked it up and sure enough, she can't smoke there. But he left and I felt very unsafe. I called the landlord and begged for a transfer. We would lose our deposit, have to pay a new deposit, and a $100 transfer fee.... I expressed to her that I did not feel safe here with her threatening to hurt me as well as with her husband's job of working for the realtor. She suggested she come over for mediation Wednesday morning. I agreed, but I don't think that is going to help. The landlord called the neighbor to make sure she and her "old man" could come and I heard this woman screaming at the landlord. I was in the other room making sure all my windows were locked and you couldn't see in, so I didn't hear anything.
The landlord calls me back and says we're all going to meet at 10 am on Wednesday and by no means to interact with them. If they so much as knock on my door I am to call the cops... Furthermore the landlord gave me a little validation (?) saying she understands the situation and she can see who is making this situation so ridiculous just by talking to us. She says, "you're pregnant and until now we've basically been on her side more or less and you've remained calm and polite the entire time." That felt good. She also said that if my baby gets hurt by this she will go to the ends of the earth to get this woman charged with something... That was nice, but now I am all freaked out about my baby. She also said depending on how it goes on Wednesday the upstairs tenant may be removed from the property and they will help with a restraining order.
SIIIIIIGH. Sorry this is so very long. And thanks for everyone reading. I want to move out of here like right now. We are just pretty damn broke right now and can't afford to lose our deposit or pay a new one somewhere else... IDK what to do. We literally cannot move.
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Re: Hey! Who wants to hear about my neighbors again?! Click here for drama!
Lol! I didnt keep up much with the other posts but I'll be looking for wednesdays now..
Pretty intense..
OP: Sorry you have such sucky neighbors! I'd want to move too..
The whole situation is just a pile of crap. She lied about no longer smoking there, she claims she hadn't and then she goes and says, "you can't stop me from smoking on my porch". Its just ridiculous, smoke on your balcony.
I hate dealing with this. I hate it! I hate that we had to call "mommy" and I hate that the effing cops had to be called like we're a herd of white trash goats or something.
Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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Good grief...this chick is off her rocker. If it didnt come out with this it was probably only a matter of time.
For what it's worth, you are entitled to feel safe in your own home and if you do not and the landlord cannot remedy the situation somehow, you are legally allowed to break your lease.
Wow! Your neighbor is being a bit rediculous!!! I have not been following the whole "neighbor drama" story, but read enough and sheesh...I feel for ya!! No one deserves to be violated in their own home (apartment, house, etc) by another. No matter the type of violation like the lack of CLEAN air! I hope it all works out for you!
OMG! This is awful, I wonder if the landlord will let you break your lease.
Bring your popcorn and Icee!!
Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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I think if worse comes to worst we'll ask our grandparents, parents, whoever for the $ to get the hell out of here. I can't deal with this stress. I had such a bad panic attack once all the phone calls were done that I am debating going to the ER.
DH hasn't been home for any of this, he should be home soon. I felt like an idiot calling his work I tried so hard not to cry. He couldn't come to the phone and I am sure whoever gave him the msg told him it was an emergency because when I was on the phone with the realtor he called like 4x but I was so worked up I didn't even realize it.
Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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Good for you looking up the ordinances! And I'm very glad the cops came and got involved because now there is a record of her insanity!
I think you should keep checking tenant's rights in your state and figure out a way that you can leave with our losing money. There has to be a way.....sorry your dealing with this!
Well I'm glad you have family that can help you. That sucks about DH being at work...it seems that they are always unavailable when you need them most! Everything will work out I'm sure, keep your head up girl!
I am confused. Why won't the landlord give you the transfer for free? I assume you mean a transfer to another one of her properties? It seems like this is the best solution. Because, I just wouldn't feel safe after that even if there is a retraining order. I know the deposit is money you don't have to lose, but sure the landlord can afford to lose a little to let you transfer. I would be fighting for that one!
Please keep us posted. I am not sure if there is a tenants rights bill but there is in Mass, so you should look into it for your state. I am sorry you have to deal with this.
And I thought my neighbor was rude for screaming out his window, "Make sure you pick up after your dogs" after they only peed. The dude was seriously watching me from his window, what a freak.
Anyway, I keep saying this but sorry you have a sucky neighbor. I'll be on the lookout for Wednesday's update. I hope it goes well but from reading what she says to you it doesn't sound like it will. Bah.
I was wondering when you'd update! She sounds like a lunatic. I'm so sorry you have to deal with that. I really hope your landlord can smooth things over, or maybe at least sees that she's nutso, and lets you transfer (without any penalty would be nice).
I am not a smoker, and I don't have a problem with people who smoke EXCEPT in situations like this where they do not care about anyone else. I know it's a person's right to smoke, but it's also my right to breathe clean fresh air. She could have been a bigger person and just said ok, I'll smoke on my balcony.
Boxergurl- I totally agree, but I overheard her saying "we like hanging out there". Okay, so hang out there, just don't smoke while doing so... Need those two things go hand in hand? I am not stopping you from hanging out there. I am simply asking you do not smoke there.
I really don't know what to say about Wednesday. Hopefully she will fly off the handle and I ONLY say this because if she doesn't (if she acts perfectly calm) I am sure I will be stuck here and she won't be going anywhere. I can't believe I am actually hoping she freaks out...
The landlord was pretty PO'd about the whole situation, hopefully some sparks will fly (again, only because if crazy lady appears normal nada will change).
Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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Goodness.
The landlord should bare minimum let you move to another of her properties and not have to pay anything for doing so.
Honestly, I wouldn't feel comfortable with that woman knowing where I live with how much self control she has shown so far.
I didn't read all the comments, but have you told your families about this situation? I would think they would want to help you get out of the situation. Anyone who can help you with loans.. seriously. But seeing if you can legally get out of this would be even better.
I wish you a lot of luck. Will your DH be available for the meeting? I think I remember you saying her guy was pretty relaxed.. I just want someone there who is physically able to keep you safe.
What a psycho! I think what PPs said is right - be prepared on Wednesday with the tenant laws there so you don't have to pay for a transfer. The landlord really hasn't done enough to remedy the situation. To tell you to move the bench then go back on it, and the fact that her bf works for the landlord - It's just weird. And I agree that even if she is evicted, you won't feel safe there.
But, judging by her previous behavior, there is absolutely no way she will act normal on Wednesday, so that's one less thing to worry about. Make sure you take photos and document the time if she continues to smoke.
Ooops sorry Lily, I must've scrolled too fast and missed this...
Yes I meant a transfer to another one of her properties (she has tons!) But like I said we would take a huge financial hit: a)losing our current deposit, b)pay a new deposit, c) pay a $100 transfer fee and, d) have to move to a more expensive apartment. And their deposits are really expensive: 1.5 months rent plus $300. And the 1.5 months does not go towards your rent payments whatsoever... Its all deposit and we still have to give the actual first months rent. I tried reading the tenant's rights in my state but my head was spinning. I am going to see if my friend, who majored in law&society can read it any better. Maybe I was just too worked up because I managed to get through the city code just fine earlier.
This whole thing is a mess, I was actually afraid to go to sleep last night. Usually I keep my cell on the charger in the kitchen (because I read something about sleeping better with electronics outside the bedroom), but last night I kept it right next to me and I am debating going to WalMart to get a bat or something because I can't find my ol trusty Louisville from my softball days ANYWHERE
Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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Wedding Anniversary: August 7th 2010 BFP: December 22nd 2010 Beautiful Little Birthday: August 30th 2011
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