Legal Question in Landlord & Tenant Law in California
My new upstairs neighbor is a heavy smoker. Smoke comes through our ventilation system. My son and daughter both have asthma. The manager asked the new tenant to smoke outside. She said by law she cannot make a person not smoke in their apartment. Since they found nothing wrong with the HVAC unit and venting system, do I have any right to keep complaining to the management? It seems like if there is something that prevents us from living in a relatively healthy environment and makes our apartment smell, that we could take legal action.
2 Answers from Attorneys
The only thing I can suggest you do is get an independent opinion on why smoke from upstairs would be entering your unit and how, and then demand management fix it.
Have me write a friendly letter to the landlord. I will give you a reduced rate on account of the fact that it's your kids. You have a right to quiet enjoyment of the premises and the landlord has a duty to provide such. I believe this violates that, separate from any smoking right, and constitutes a nuisance and/or trespass, among others.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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