Legal Question in Landlord & Tenant Law in California
I have lived in my apartment builing for over a year and a half. I am a smoker and I like to go out on my balcony. I don't smoke inside my place because I have children. I just received a letter from the apartment manager today saying that they are restricting all smoking anywhere on the property, but will allow you to smoke inside your residence. Is this legal for them to do? I have a child with cerebral palsy and I don't smoke around my kids anyway. There was a murder here a couple of months ago, so I don't feel comfortable going outside off the property, and I couldn't leave my kids in the house by themselves anyway. I don't know what to do.
Thank you,
Monique Potter
p.s. This is coming from an apartment building that is 22 years old, has really hazardous cracks in all the sidewalks that they didn't grind down, just spray painted yellow, they don't enforce pets being on a leash, and there is no handicap access anywhere to get my wheelchair bound son off the sidewalk to the parking lot.
1 Answer from Attorneys
The issue is whether or not a landlord can restrict smoking. All of the other issues you raise do not relate to the smoking issue although you may have rights that you can exercise as to those other issues.
A landlord can ban smoking altogether. Therefore a landlord can restrict were smoking will be allowed.
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.
