Legal Question in Landlord & Tenant Law in California
I'm suffering secondhand smoke from my neighbor who's below me. Talked to apartment manager and doesn't get effective help. I'm wondering is there any law can protect me from this? Or if I can ask to broke my lease without any responsibility or punishment by this?
1 Answer from Attorneys
You might contact the owner in writing (keep a copy) and explain that in every rental agreement, there is an implied covenant of quiet enjoyment. That covenant does not only apply to noise, but to interference with your possession of the premises. You might explain that if the landlord can't resolve it, you would have to move. If you don't get satisfaction, it's your decision whether to move. If you do so, you could face the risk of the landlord taking legal action against you and keeping your security deposit. If either or both should happen, you must be armed with documents that show that you made a genuine effort to get the matter resolved. It also would be helpful if you are having a physical reaction to the smoke to have medical documentation with you when you go to court.