Legal Question in Landlord & Tenant Law in California

Since smoking in one's own residence is not illegal, it is very doubtful you would have a cause of action. It would cost several thousands to get a physician to examine your baby and have them testify that any significant harm, if any, was caused by the smoke. No attorney would take the case and you would lose in Small Claims Court since the burden is on you.

Check out this and other websites. The law may not be settled, but it's a good start for you to urge your landlord to do something: http://www.ehow.com/info_8600794_california-regarding-cigarette-smoking-apartment.html smoking ban takes effect on January 1, 2012. New leases must state a smoking policy setting forth restrictions and identifying areas where smoking is prohibited and where allowed. Good luck...