The Smell of Pot Threatens an Apartment Sale

Jun 05, 2016 · 19 comments
SDM (Northern NJ)
Good God! This guy is a lawyer?! Giving out such poor advice??!!! Are you kidding?! "Someone could say you mislead them"...that someone have PROOF?!!!...You could say you've had allergies all your life & can't even smell your morning coffee, let alone what someone is smoking in their apartment. The LAST thing you want to do when selling is get a war started with your neighbors. Ever hear of buyer beware? And so what? big deal smoking pot, who cares? It smells better than cigarettes, pipes & cigars & you can't tell people what to do in their own home. If you're really selling an apartment in downtown someplace, most likely it will be to young folks with money who most likely smoke pot themselves sometimes & again, that will be their business what they do inside their place. I say stop being so uptight & just worry about pricing the apartment correctly & making it irresistible to anyone viewing it, & don't start a war with anyone, get out quietly & go enjoy your new life elsewhere!
Andrew Lazarus (CA)
I think it's safe to say that SDM isn't a lawyer, and his advice is worth about what you expect from an anonymous non-lawyer on the Internet. Buyer Beware does not apply to house purchases in many states, including New York. Whether a bad odor from pot smoking is a mandates disclosure would also vary from state to state. Falsely claiming an allergy or disease so bad you couldn't smell the pot would be fraud.

I'm not a lawyer either, but I am smart enough to know not to ignore their advice.
SDM (Northern NJ)
Lock boxes are prohibited in many co-ops. & condos for the simple reason that they put everyone living on the premises in danger. They are easy to break into & once the keys are in the wrong hands, not only is the apartment being sold in danger of having everything in it including appliances stolen, other units can be broken into as well. A dedicated agent would do their job the right way, not the lazy way, get the listing & let another agent do all the work.
Janis (Ridgewood, NJ)
An alert condo management board would have put an end to any smell of marijuana a long time ago. What are people paying for with their maintenance monies?
xmarksthespot (cambridge ma)
not only would i not be offended at the odor of marijuana wafting from an apartment next door, i would hope to be able to meet that young man and establish some kind…any kind of mentorship. I would pressure the hysterical real estate agent for an introduction.

now, please supply the address.
Jen in Astoria (Astoria, NY)
Sorry, rat the pothead out to his folks. If they live in a pricey co-op the kid probably is used to doing whatever he wants anyway; a threat to call the cops and potentially sidetrack Junior's guaranteed entry to a legacy Ivy by a wee bit may work.
Berkeley Bee (San Francisco, CA)
Marijuana has a "scent"? That is far too kind for what we experience these days, often right down on the street of any city. Today's marijuana has an odor and it's the odor of skunk. It's a far cry from the pot of some 40 years ago when it was called "grass" and had the true *scent* of ... grass.
SDM (Northern NJ)
Bee what pot do you smoke that smells like skunk?...we have a pot smoker in my building & it always smells great, earthy & sweet...never like...skunk?
sam (New York City)
Is LW#1 sure it's the teenage son? Not to rat anyone out myself, but I may have heard of *some* parents and even grandparents who are unrepentant pot smokers as well. Hypothetically, of course.
SDM (Northern NJ)
Now Sam...you seem to have inside knowledge of all this...hmmm?
Ryan Bingham (Up there)
Only in NYC could you get an argument about hiding a neighbor smoking pot. Too many lawyers.
garrett andrews (new england)
That's what one of Shakespeare's characters said. To paraphrase: "First thing we do is kill all the lawyers."
SDM (Northern NJ)
Ryan...true, true...lawyers trying to get some business going...
Chris (10013)
Second hand pot smoke is more than a nuisance. It subjects non participants to not only any second hand effect but has the potential to affect drug test results. You or a buyer should not be subject to this
David (Flushing)
One of the advantages of co-ops over condos is the ability to have enforceable house rules. Many co-ops have prohibitions against odors that waft out of a unit. I would check whatever rules your building has.

Co-ops often have provisions for succession of apartment ownership if the stockholder is institutionalized. This is usually limited to household members in residence prior to the departure of the stockholder. However, the situation described is more akin to subletting.

Lockboxes are often attached to doorknobs that can be easily removed with a screwdriver. The assumption is that the box is too hard to break open to tempt its theft. Whether this is true, I cannot say. Obviously, anyone could remove it and replace the doorknob if they wished.
Joan P (Chicago)
Condos have the ability to have enforceable house rules as well.
David (Flushing)
Try to evict a condo owner for non payment of monthly charges---you can place a lien and wait and wait...
kas (new york)
For the co-op, if the LW can't even 'attempt entry' how will they even be able to enter the apartment to sell it eventually? Seems like a catch-22.
SA (Main Street USA)
If the owner dies, I would guess that the co-op board will allow the family into the unit to remove property and prepare to sell it. The issue-- it seems to me-- is the husband and kids "staying there" that caused the problem.

Most co-op bylaws and proprietary leases are very clear that only the owner(s) can stay/live there. The board does not know this family. How do they know there won't be miscellaneous relatives "staying there" for days or weeks at a time at random intervals? People buy co-ops to get away from that sort of transience (that is in general, I don't know the LW's family or intentions).

The board was doing what it is supposed to do. It's probably startling to family members unfamiliar with cooperative living, but that is the way it is.