Legal Question in Landlord & Tenant Law in California
i would like know what options i have in regards to,Since moving in i have addressed verbally and via text message the issue with other tenants smoking weed or smoking cigarettes in our underground parking, having to pass by with my two young children exposing them to second had smoke by tenants smoking in the stairwell where we live its just not acceptable. Nothing has been done about this and we are fed up with this, there are countless of cigarette buds all over the stairwell and near my parking bottles of empty beer and drinks. I just took pictures this morning and sent them to the manager. it is unsanitary and any child can pick this up, what options do i have? we have also politely asked these tenants to smoke away from the stairwell only to have them in return harass us by writing on our parking wall and throwing trash into our parking space.
1 Answer from Attorneys
It depends on how aggressive you want to get and your budget to do so. Your legal remedy is to sue your landlord for nuisance and for breach of the implied covenant of quiet enjoyment of your unit that the law imposes on every lease.