Legal Question in Landlord & Tenant Law in California

Smoking neighbors
In our case, the couple downstairs
both smoke. They've been told it's
annoying. The management said
that they said they want to smoke
on their balcony (perhaps to keep
the stuff from stinking up their own
place) and there's nothing that can
be done about it. This smoke of
theirs floods in our windows
everytime they're out there. The
smell is so strong that it's like they're
actually inside our apartment! We've
been choked during sleep, gagged
during meals, the whole place smells
like an ashtray, etc. It's reached the
oint where we can't open the
windows anymore. If we don't have
to be subjected to this noxious crap
in a restaurant or even a bar, why
should we have to put up with being
bombarded with it in our own home?
If they're stupid enough to inhale
this poisonous garbage that's fine.
But do we really have to put up with
it, too? Shouldn't the smokers have
to smoke inside and keep THEIR
windows shut? Or do the ones
poisoning themselves have more
rights that those of us who just want
to breathe fresh air?

Asked on 10/14/07, 4:50 pm

Robert L. Bennett Law offices of Robert L. Bennett

0 users found helpful

0 attorneys agreed

Re: Smoking neighbors

You are in a difficult spot. (I happen to agree with you, as my wife smokes, I do not, and I keep banishing her to outside the house).

The problem is there are laws against it in buildings, restaurants, etc., but not outside, or in your own home.

Management cannot do anything, and, legally neither can you, other than to move.

I suggest you ask them politely if they will keep the smoke inside.

There are a lot of things the law SHOULD do, but does not. You won't get anywhere legally, so work out other options.

Sorry! I agree with you, but as a lawyer, I cannot help you.

Answered on 10/14/07, 5:03 pm

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