My question involves a child custody case from the State of: CA
Neighbor Uses Marijuana
My question involves real estate located in the State of CA. Let me specify, no court has been involved except to grant fathers and I 50-50 custody. Out of the my wishes to keep things amiable and to do the best by my children, I have gone along with this temporary arrangement, however this leaves me no less surprised, paralyzed, and depressed with my seeming multi-dead-end situation.
I am a tenant in a 6-apartment building in which 2 of the 6 apartments are obviously either smoking marijuana constantly and/or growing the marijuana or both; enough so that the smell is surrounding the premisis constantly. The apartments are stacked, 3 on the bottom, and three on top. The first two stacked on the far right are the ones I believe to be growing and smoking. I am upstairs in the middle. I have no idea if the couple below me are in on this arrangement. The end "stack" of two are men living alone and are gone almost all of the time working (though the one on the bottom left of the "stack" is a sheriff and I wonder if he is even aware at all or if he does not wish to make any "waves" so to speak within his own living situation.
The "smell" started during Christmas and (playing stupid because I do know the smell) I blamed our live Christmas tree. In early January, when I removed the tree, it became quite evident that it was not the tree, it was in fact marijuana and that the strength of the smell was definitely directly on the other side of the wall where we had our tree. We have an electrical outlet there and I don't know if that would serve as any sort of vent, or if this smell just comes from the lack of insulation.
I do not want my children to be constantly exposed to the smell or smoke constantly generated by these neighbors that are close friends. These people have no problem smoking out in front of their apartments and one of the men is vulgar and swears in a hostile and angry way quite frequently. The woman with whom he lives is the daughter of the owner of the entire apartment building and I feel has the power as acting landlord when it comes to her father. She had the special needs woman above them (whom had lived there for 15 years) evicted so that their friend could move in. (he is the one I share the wall with). I am trying to paint a picture of who I am dealing with.
Some important details about this situation:
1. I have two children that have been living in this stench. The smell has become so overwhelming that when their father came to pick them up yesterday he was affected by this enough to write me a phone text message expressing his discomfort with their living situation.
Later his mother called me and said that the children could no longer stay at my house during my time. I could have all the time I wanted with them at his and her house and she would not tell my older daughter's father (that is another story) but that until I could remedy the situation, didn't I agree that this was unsuitable living conditions for our daughter and son? (I know I know, the fact that she called and not him is yet another issue and probably why we divorced.) However, I love having an amiable relationship with these people and do not wish to throw a big fit over keeping the kids when they have a point about this pot smell.
2. Seems ridiculously simple, call the landlord, get rid of the smell, get the kids back. The daughter living downstairs is the landlords daughter. I fear retaliation from the people involved if I write a letter to the landlord enclosed with this months rent, which I already have ready to drop off. I was thinking I would write a letter explaining the situation and my boyfriend said," OHHNOO you do NOT want to mess with "the dude," referring to the tenant that swears all the time. In my head, I'm thinking, no,no, you don't understand. I don't have my kids. He doesn't want mess with me. But in reality he is very rough and I have a nice-ish car that I need and given it is the nicest thing I own with no payments I don't really want him to vandalize it. Especially when that might have to be my ticket out of here.
3. MAJORLY IMPORTANT: I am unemployed and have run out of state disability. Literally I live on child support, food stamps, and am going to have to sell my car to make ends meet before long. I have tried to work with the Department of Rehabilitation and they find me UNfit to work. Great for my SSI case, but guess what--terrible for my self-esteem and I actually need to go get a job so I can get out of this place and have my babies back. I am waiting to see if I will receive SSI which can take months if I am even approved. I have been surviving by the grace of God and am not in a position to move. Today I called the Police to ask questions of an officer and it is definitely illegal to grow plants without a special permit and she is assuming that he does not have one in his apartment. (In CA I wasn't sure what the law was- did she offer any other help? NO.)
I applied three years ago to HUD housing and I am number 52 whatever that means. I cannot wait on a list for a community housing with no income to state.
I don't even know why I am writing for advice. I just need Chuck Norris.
This is the worst. I am so devastated. I cannot have my kids over anymore because of this pot smell. It has occurred to me to go crying to them and beg them to make the smell go away, but then any other anonymous option I had will be taken away.
Please please advise!!!