Legal Question in Real Estate Law in California

Second hand smoke in apartment buildings

My sister moved into an apt. in Dec. 2001. At the time of the walk thru there was no evidence of any problems. After moving in she began to notice that at various times her apartment smelled like cigarette smoke. She wakes up to it and comes home from work to it. She has talked with the bldg. manager who does not seem to want to anything about it and says that no one in the bldg smokes. Is there anything that she can do to remedy the problem as she is allergic and is unable to move without breaking her lease. She believes it comes from the downstairs neighbors. Is there anything that can be done. Thank you, Tina


Asked on 4/30/02, 5:12 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Second hand smoke in apartment buildings

I'm personally not aware of any law forbidding smoking in apartments. If you sister asked for and got a lease guaranteeing a smoke free environment then she's got a breach of the agreement by the landlord.

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Answered on 4/30/02, 9:20 pm


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