We asked our landlord to enforce the lease. They told us to find proof ourselves, then referred us to lawyers who knew nothing about it.
My girlfriend and I have been living in a small apartment in Salt Lake City, Utah, for two years. It’s been mostly fine, until this summer when a new neighbor moved into the unit above ours.
Since then, we’ve been dealing with almost weekly marijuana smoke entering our apartment through the ventilation system. The smell has been strong enough to interfere with our ability to comfortably use our home, and we reported it to management six separate times in writing.
Management responded by posting notices on neighboring doors warning residents that smoking marijuana violated the community’s rules. Unfortunately, the notices didn’t stop the problem. After our sixth complaint, management told us, in writing if you can believe it, that unless we could “find proof” identifying exactly which apartment the smoke was coming from, there was nothing more they could do beyond posting notices.
Here’s where things get interesting.
Our lease specifically says residents must report confirmed or suspected smoking violations before management is “obligated to investigate and act.” We pointed this out and explained that we had already identified a suspected source multiple times, along with our reasons for suspecting it. But we obviously have no way to investigate other apartments or determine how the building’s ventilation system connects between units.
Management responded, again in writing, by quoting the same lease provision back to us, arguing that we were required to cooperate with its investigation. In that same email, management explicitly acknowledged that its notices had been unsuccessful and that it was aware the continuing odor was causing a nuisance and discomfort in our apartment.
We explained again that we had cooperated fully, provided all the information reasonably available to us, and had no practical or legal means to investigate this. We also stated that we believed that by knowingly allowing this issue to continue for nearly two months and refusing in writing to take any action unless we satisfied an impossible task, management had violated both the lease agreement and potentially Utah Code § 78B-6a-405, and that we intended to have an attorney review the documentation.
Eight minutes later, management informed us, once again in writing, that because we would have an attorney “assigned” to our “case,” we were no longer allowed to communicate directly with management and had to contact its law firm instead. Except we never said we had retained an attorney. We hadn’t even contacted one. We only wanted professional legal advice. So we immediately corrected that misunderstanding in writing and agreed to contact the firm as instructed.
And here’s where it gets baffling.
A couple of hours later, I called the law firm, explained the situation, and told the woman on the phone that management had prohibited us from communicating with them directly. The representative seemed confused, asked for my name, and searched for our information. They had absolutely nothing on file about us or the dispute.
She told me she would contact management to find out what was going on. From that, we can safely assume that both legal and corporate are investigating this.
Meanwhile, we’re also dealing with severe, prolonged pounding noises from the apartment above us, often lasting for hours at a time and frequently interrupting our evening activities, that are sometimes forceful enough to rattle ceiling fixtures and make us leave our own home to escape the noise. The neighbor declined to cooperate when we asked him to keep it down and management has done little to meaningfully address that problem either, saying that because he “has kids” and “it’s outside quiet hours,” there’s nothing they can do. Of course, given the severity, we don’t buy this.
At this point, what began as a straightforward request to stop marijuana smoke from entering our apartment has turned into a dispute over management’s conduct and contractual obligations, its handling of repeated complaints, and its decision to cut off direct communication after we mentioned seeking legal advice. We have retained the emails, dated complaints, management notices, and other documentation supporting this timeline and organized them into a single file with a detailed chronology for an attorney to review.
We weren’t asking for anything extraordinary. We just want to be able to live comfortably in the apartment we’re paying our hard-earned money for.
So here’s my question: Does this sound like grounds for a serious lawsuit under Utah law, or are we overestimating how much management's written admissions and conduct matter?