Legal Question in Civil Rights Law in California
The guy who lives in the apartment below me smokes like a train and the smell fills my appartment with the lingering smell of cigarettes and makes me ill. I get bad headaches and nausua. I have complained to managment in several letters and they basicly tell me that he has a legal right to smoke on his patio. My question is what legal rights do I have as a person whos health is very important to me. What can I do?
1 Answer from Attorneys
At least for the time being, we still have some remaining freedoms not yet regulated out of existence by the nanny state, including the right to smoke in and on our own property. If you can't peacefully resolve it with the neighbor, there are no effective 'legal remedies' for you. You could theoretically file a 'nuisance' suit, but I seriously doubt it would succeed, and you could end up spending attorney fees for nothing, and could end up paying his attorney fees under the terms of your lease agreement. You can hope he moves, or you can move. Maybe the mgmt will allow you to change apt.
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