Legal Question in Landlord & Tenant Law in California
Our next door neighbors (shared walls - townhouse) are heavy marijuana users. The smell from their pot use permeates through the vents and into our home, giving us headaches. Our main concern is for our two year old, we don't want him exposed to it.
We've had local PD out several times and have filed numerous complaints with the property managers. PD and property managers now say there is nothing they can do because the neighbors have acquired a prescription.
I don't have a problem with medical marijuana but am vehemently opposed to exposure for my toddler.
The property managers have offered to let us move to a new townhouse but it would be at our expense. Do we have any rights or protection? We'd like the property managers to pay for movers.
3 Answers from Attorneys
Yes you may have a cause of action for nuisance, and you also have a right to quiet enjoyment provided by your landlord. I can write a friendly letter to property managers explaining how moving you would be cheaper than litigating, and how they are actually lucky you are willing to move.
You may contact me for a free consultation.
Daniel Bakondi, Esq. [email protected] 415-450-0424
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The first legal claim that arises is one for nuisance against the neighbors and the property managers. There may be additional claims including breach of your right to quiet enjoyment of the property and others based on unknown facts. The way to handle this situation is to write a letter to both the property manager and the neighbors outlining the problem and proposed solution. I recommend that you contact an attorney for assistance with resolving this problem.
It was recently decided in California that cigarette smoke is considered a nuisance and that property managers and owners are responsible for dealing that nuisance. Pot smoke is no different from cigarette smoke, so your case may fall into the same category and you may be able to force management to pay for your relocation. Good luck........P
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