Legal Question in Civil Litigation in California
SITUATION: I live in a rented condo in Encino. Because of the physical layout of the unit, the only window and circulation in the front of the unit is from a sliding glass door which leads onto a very small balcony under a common walkway which is mostly covered by roof. Unfortunately, the only separation between my balcony and my neighbor's is a iron fence with a little tarp barrier.
PROBLEM: My neighbor's daughter smokes almost constantly on her porch and all of it ends up in my balcony. We are non smokers, I am allergic to Cigarette smoke, and my pregnant wife and children are bothered by her smoke, which will enter my condo if my only window up front is open! I have asked her not to smoke there and to do so in her own condo, but she says her mother doesn't want her to smoke in the house. Bottom line - I suffer instant headaches and breathing problems and am forced to keep my only window shut so my neighbor is not inconvenienced! This is a big problem during summer as I live on the top floor of this building and it gets extremely hot in my unit without either windows open with fans going or the AC running.
QUESTION: Do I have any legal recourse against my neighbor? Can I force her to stop smoking on her balcony as the majority of her smoke enters my balcony and unit?
2 Answers from Attorneys
The best solution is to try to work out a compromise with the daughter. Perhaps she would agree to use an electric fan to disperse the smoke in another direction. There are electrical units that suck air, and thus smoke, into the unit, and might help somewhat.
Check whether your city has any second hand smoking ordiances or the HOA has any rules against oders.
You can also complain to the landlord that she is violating your right to quiet enjoyment of your unit. ("Quiet enjoyment" in real estate law does not mean just sound). Unfortunately the landlord's covenant of quiet enjoyment is realistically only enforceable if you move.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
