Apartment Charging Fraudulent Smoking Charges

Background: After living in my apartment at Stadium Place (The Wave) for 12 years, I was planning to move out a month before my lease ended because I needed to move countries to see a specialist for surgery. My flight was on 5/5/26. I hadn’t yet informed my apartment building that I was moving because my lease ended on 5/31/26 and I didn’t want them attempting to say I abandoned my lease early as I had fully paid my rent through the end of the lease.

On 4/26 (I’m not actually positive I received it promptly on this date, they have a history of dating their letters incorrectly), I received a 10-day notice to comply or quit premises for a smoking violation, which was very confusing given that I live alone and don’t smoke, use incense, or do anything like that.

I didn’t respond because I was leaving in less than 10 days anyway and there was nothing to comply to (I know, I should have sent an email then, but like I said, I was preparing for surgery in another country and I was STRESSED).

Later, I received an email saying that I had a balance that included both a charge for “patch and paint” which I feel doubtful they can actually charge me for considering I lived there 12 years and I had patched up all the holes in the wall myself and multiple charges for smoking. The following email chain ensued (note that I’ve only addressed the smoking so far):

——–

Good morning,

Apologies for taking so long to get back to you, I’ve been recovering for surgery and will be going in for another surgery tomorrow so my replies may be delayed again. I noticed odd charges both on this spreadsheet and in the portal for smoking. I have never smoked nor allowed anyone else to smoke anything in my apartment at any time. I do not light incense or anything that may cause any kind of misfire of any sensors. Can you please provide further context and proof of why I was charged for this? I cannot think of any basis for which these charges have any merit.

I will take care of the rest of it as soon as this is resolved.

Thank you,

Kendra

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Hi Kendra,

I was informed during the annual inspection that a member of our operations and maintenance teams observed a glass filled with burnt cigarette buds in the bedroom. This observance along with smoking odors smells were determined that smoking activity was present in the apartment.

I hope this information brings you clarity and we hope you are recovering well from surgery.

Sincerely

xxxxxxxxxxx

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Hi xxxxxxxxxx,

Thank you for your response but there is no way possible there would have been cigarettes in my apartment. My understanding is that proof is required to legally enforce a fine so I assume that a photo was taken as evidence. Could you please provide that? As I mentioned, I do not smoke and at no time have I ever allowed anyone to have cigarettes in my apartment.

Thank you,

Kendra

————–

Hi Kendra,

Photos are not legally required to be provided as evidence. Even if it wasn’t you that was smoking, you are still responsible for any visiting guests not on the lease that were.

For more information on the lease violation, please see the attached 10-day notice to comply or vacate that was sent to you and posted to your door after the annual inspection was conducted by our two team members last April.

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Yes, I received this notice but didn’t see any point in addressing it at that time as I was flying out less than ten days later and I had assumed there must have been some mixup. It also didn’t include any sort of action item given that no smoking had taken place in my apartment and no fine was mentioned.

Again, as I’ve repeatedly mentioned, I’ve never smoked nor allowed anyone to smoke in my apartment. I have a 12 year track record of living at The Wave with zero issues related to smoking. Why in the world would I take it up with a week left living there?

Please provide whatever the actual evidence is you have that any smoking took place. I would very much like to avoid having to take legal action in regard to this matter.

Thank you,

Kendra

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Hi Kendra,

Thank you for sharing your concerns regarding the smoking lease violation. We understand your position and have also consulted with our legal team to ensure we are handling this matter appropriately.

Based on the information available to us, it is our understanding that a guest staying in your apartment was a smoker. Under the terms of your lease, residents are responsible for ensuring that their guests comply with all community policies, including the no-smoking policy. As the leaseholder, you are responsible for any lease violations that occur as a result of your guests’ actions.

Because the 10-day notice required a response and compliance, and based on the information we have, the lease violation charge will remain on your account and is due for payment.

If you have any additional information, you would like us to consider, please let us know. We appreciate your cooperation and understanding.

—————-

Where exactly did the idea come from that I had someone staying with me? No one was staying with me and no one was smoking.

Please provide the evidence you have for this accusation of smoking. Did you mixup my apartment for another considering that <lower apartment number> is after <my apartment number which is the highest number> on my floor? That’s the only thing I can fathom here.

—————- End of Email thread #1 —————-

It should also be noted that over a month after moving out on 6/23, I also got this email from them so apparently whoever is causing this issue is still there long after me:

We are reaching out because we have recently received reports of smoke odors impacting neighboring homes in your area of the building. During prior annual inspections, evidence of smoking was observed within your apartment home, and as a result, your home is among those being contacted regarding this concern.

As a reminder, Stadium Place is a non-smoking community. Smoking of any kind is prohibited within apartment homes, garage, stairwells, or anywhere on property. Violations of this policy may result in lease violation fees and additional enforcement actions as outlined in your lease agreement.

At this time, we have not identified a specific source of the current reports. However, if the issue persists and our investigation continues to indicate that smoke is originating from a particular home, we may assess lease violation charges and pursue further corrective action while working to mitigate the impact on neighboring residents.

We ask that you ensure all members of your household and guests fully comply with the community’s no-smoking policy moving forward. Your cooperation is appreciated as we work to maintain a comfortable living environment for all residents.

Thank you,

xxxxxxxxxxxxxx

Sharing this firstly as a cautionary tale to anyone considering moving into Stadium Place, but also what in the world do I do here? My understanding is that they have the burden of proof but they’re obviously not backing down. It’s so messed up considering I didn’t do anything.