Legal Question in Landlord & Tenant Law in California
My Apartment manager said he got a complaint from my neighbor about us smoking outside. If we can do it as a favor to him and not smoke. We had advise him that If there window was shut we will continue to smoke there but if it is open we will not out of respect. On my rental agreement it doesn't state anything about smoking on the premises. The neighbors are buddy buddy with the managers. What is my rights
1 Answer from Attorneys
Your right is to die a slow painful death from cancer and heart disease. You don't have the right to impose that on other people second hand. Each tenant has the right to "quiet" enjoyment of their unit. That isn't "quiet" the way we use the term today. It's the old English meaning of free from interfereance or trespass. If your smoke is getting into their unit by any means you are trespassing and they have a right to make you stop.
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