Legal Question in Landlord & Tenant Law in California

Re: Smoking

Was it represented to you at the time you signed the lease that others also were prohibited from smoking in those areas, or just that you were prohibited from doing so? If the former, then the landlord has breached the implied covenant of quiet enjoyment if not the actual written lease. Obviously, it appears that, since the landlord breached the lease and has taken no reasonable steps to rectify the situation, you might have grounds to move without penalty and seek reimbursement for your expenses in small claims court. It's an awful situation to be put in, especially because you apparently were extra careful in renting in what was represented as a "no-smoking" building.

Re: Smoking

I agree with Mr. Cohen's response.

We are dealing with contracts, which legally require mutual promises, and have repercussions where one side does not live up to its promise.

You have what is known as a "constructive" eviction, under the facts as you present them.

Since you were given a written contract, it would help a great deal if you could fax, e-mail, scan, etc. the contract so that I might be able to look at the provisions, and further guide you.

If you need more help, please feel free to e-mail, or call, my office, and, or course, let me see your contract.

Good luck!