Legal Question in Landlord & Tenant Law in California

If it is written into each lease that the occupants of an apartment complex (12 units) are not to smoke anywhere on the premises (both inside the apartments as well as outside on the grounds) but a tenant continues to smoke inside their apartment and the smoke filters into the apartment above what options would a person have after they have complained to the apartment management company and the tenant continues to smoke? Can rent be withheld until something is done? What else can the tenant do to get the other tenant to quit smoking?

Thank you.


Asked on 9/17/11, 5:39 pm

1 Answer from Attorneys

You cannot withhold rent for that. You will be out on your ear very quickly. You can sue the neighbor under the theory that you are a third-party beneficiary of the contract between the landlord and the other tenant.

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Answered on 9/18/11, 5:04 pm


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